
7he 

Outline 

of 

Government 

in the 

United States 



Published by 

The National League of Women Voters 
Washington, D. C. 



The 

Outline 

of 

Government 

in the 

United States 



RAYMOND MOLEY 

in coUaberation with 

HELEN M. ROCCA 



Published by 

The National League of Women Voters 

532 Seventeenth Street, N. W. 

Washington, D. C. 

Price: Fifty Cents 



,H5T 



Copyright, 1922 
by Raymond Moley 



©C1A682463 
DEC 20 1922 



FOREWORD 

THE purpose of this publication is to put into a brief form the 
essential facts about government and politics in the United 
States. It aims to give information clearly and concisely in language 
which can be easily understood. But it has a more important pur- 
pose than this. It seeks to put the facts of government into their 
proper perspective, to show the relation of one set of facts to another, 
to indicate the various topics that belong in a study of citizenship, 
and by omission, the matters that do not belong in such a course. 
It is in fact an outline rather than a treatise. 

The influence of women in politics is going to be felt only in pro- 
portion to their intelligent conception of the realities of government 
and politics. It is better that slow progress be made with a constantly 
increasing diflFusion of knowledge than that a temporary success 
be gained in the shape of the immediate adoption of ready-made 
reform. An intelligent electorate can, if it will, secure satisfactory 
results from imperfect institutions; an unintelligent electorate will 
be victimized by the unscrupulous under the most perfect forms of 
government. This book is dedicated to no specific type of reform; it 
has carefully avoided propaganda of all sorts; its sole purpose is to 
inform. 

In the selection of material moreover we have kept strictly within 
the field of government and politics. The tendency of many modern 
civics texts is to include so much sociology, economics, engineering, 
natural science, and general philosophy that the student is left without 
specific conception of government at all. This tendency, a committee 
of the American Political Science Association has recently condemned, 
stating that civics "is becoming superficial, and under present condi- 
tions it gives the student a mere smattering of many things." This 
outline has been prepared in a spirit of thorough sympathy with the 
opinion of that committee and has in some degree been guided by 
its suggestions as to subject matter. 

We have sought to keep in mind two sorts of readers in the prep- 
aration of this outline, the well-informed leader, and the intelligent 



though uninformed person who desires to secure in small compass 
reliable information for guidance in participating in public affairs. 

A very vital fact must be kept in mind by the reader of the outline. 
Government is not a simple thing. It cannot be understood through 
learning a few formulas. In large measure government is shaped 
and given reality through the processes of politics, while politics is 
rooted in the mysterious and little understood recesses of human 
nature. Great as has been the progress of modern psychology, it is 
still a science in the making and has as yet contributed little to a 
proper understanding of political life. Political wisdom is unstable, 
it follows winding and devious courses, and the reform of today may 
tomorrow be rejected by friend and enemy alike. 

The leader who is not too ready to seek short cuts to political 
perfection, who hears propaganda for new things with fairness but 
refuses the impulse to join every crusade, will probably be more 
permanently saved from the cynicism and hopelessness that result 
from expecting too much in a short time. That person will retain 
longest a capacity for effective service who keeps constantly in 
mind the fact that while modern democracy is only a few genera- 
tions old, the perversities and complexities of mankind were well 
established before Moses and Elijah were born. 



CONTENTS 

Chapter Page 

I. Free Government in the United States 7 

II. Forms of Government 11 

III. The Pubhc Control of Government 17 

IV. Government in Terms of Service 27 

V. Law and the Courts 34 

VI. The Regulation of Business by Government 37 

VII. Financing the Government 44 

VIII. The Law and Government of the World 50 

Suggestions for the Use of Study Groups 56 

A Dictionary of One Hundred American Political, Legal, 

and Economic Terms in Frequent Use 70 

Constitution of the United States.. 78 



The Outline of Government in 
The United States 

CHAPTER I 
FREE GOVERNMENT IN THE UNITED STATES 

A Democracy in a Republic 

THE United States is a democracy because power is widely 
distributed, and exists, in theory at least, in all of the people. In 
practice, this means the majority of those who vote. A democracy is 
to be distinguished from a monarchy, in which power is held by a 
single ruler, and from an "aristocracy" or oligarchy, where a few men 
rule by right of birth, wealth, or the exercise of some kind of religious 
office. 

We speak of a democracy as distinguished from a republic, on 
account of the fact that while democracy is a term used to indicate the 
widespread distribution of the power of government, a republic is the 
form which a given government takes. A republic may be as auto- 
cratic as any kingdom, as the republic of Mexico under Diaz, and a 
kingdom such as Great Britain, may be democratic in fact and in 
practice. Bryce in his great work on Modern Democracies, applies 
the term "democracy" to the United States, France, the United 
Kingdom, Italy, Belgium, Holland, Denmark, Canada, Australia, 
South Africa, New Zealand, Sweden, Norway, Greece, Argentina, 
Chile, and Uruguay. 

A democracy may be "a pure democracy," in which the citizens 
transact their business through mass meetings, such as the New 
England town meetings. This kind of government has never proved 
practicable where large numbers of people and large areas are in- 
volved. For such larger units there has been developed the repre- 
sentative form of government, which in our case is called, a republic. 
It is perhaps the only practicable form by which a large nation can 
have popular government. An elected chief executive, and an 
elected body of representatives are characteristic of modern republics. 

The Liberty of the Individual 

At the basis of our institutions is the liberty of the individual. 

"Two great declarations," says Bryce, who is perhaps the greatest 
modern writer on government, "delivered authoritatively by two 
bodies of men at two moments of far-reaching historical importance, 
contain the fundamental dogmas of a sort of Apostles' Creed of 
Democracy." 

"One, the Declaration of Independence, says: 

*We hold these truths to be self-evident, that all men are 



8 FREE GOVERNMENT IN THE UNITED STATES 

created equal, that they are endowed by their creator with 

certain inahenable rights, that among these are Life, Liberty 

and the Pursuit of Happiness, that to secure these rights. 

Governments are instituted, deriving their just powers from the 

consent of the governed.' 

"The other, the Declaration of Rights of Man, made by the 
National Assembly of France, August, 1791, says: 

'Men are born and continue equal in respect of their rights. 

The end of political society is the preservation of the natural 

and imprescriptible rights of man. These rights are liberty, 

property, security, and resistance to oppression. 

'The principle of all Sovereignty resides essentially in the 

nation. Nobody, no individual, can exert any authority which 

is not expressly derived from it. 

'All citizens have a right to concur personally, or through 

their representatives in making the law. Being equal in its 

eyes, then, they are all equally admissible to all dignities, 

posts, and public employments. 

'No one ought to be molested on account of his opinions, 

even his religious opinions.' " 

Our constitution was made in a period when the protection of the 
rights of the individual was the deep concern of most men interested 
in government. The makers of our constitution were men who had 
seen the government of England override the rights of citizens, both 
in America and in England itself. They therefore wanted to protect 
the individual citizen not only from tyrannical government, but 
from the possible tyranny of a majority of citizens. This protection 
is given through the making of a written constitution which is su- 
preme over citizens and government alike, and which specifically 
protects certain "imprescriptible" rights of the individual. 

The Growth of Political Democracy in America 

When our constitution was made in 1787, most of the people had no 
power in public affairs. Most of the adult males everywhere were 
excluded from voting by property qualifications and religious tests. 
Moreover, there were fixed social classes. Much of the South was 
governed in practice by great land owners, who ruled not only the 
slaves which they owned, but through their economic power, a large 
part of the whites. New York illustrated the flower of the rule of 
aristocracy. Roosevelt, in his "Gouverneur Morris," states that 
New York in those days was, "an aristocratic republic" in which "the 
power lay in the hands of certain old and wealthy families, such as 
the Livingstones, Schuylers, Van Cortlandts, Phillipses, Morrisses," 
who formed a "proud, polished, and powerful aristocracy." 



FREE GOVERNMENT IN THE UNITED STATES 9 

Not until after 1820 did a more democratic spirit show itself in 
our institutions. 

"Farrand dates the real beginning of distinctively American 
history, not from the Declaration of Independence in 1776, nor 
from the adoption of the Constitution in 1788, but from the 
close of the War of 1812. The years following this war witnessed 
the birth of a true national spirit, which was at once American 
and democratic . 

"There arose a new democracy, different from anything 
which was readily conceivable by an earlier generation. Of 
this new American democracy Andrew Jackson, elected to the 
presidency in 1823, was the chosen representative. Of all the 
presidents of the United States he was the one who sprang most 
directly from the people; and the years of this triumph were 
marked by the development of the distinctive features which we 
have been accustomed to regard as characteristic of American 
political life — the adoption of universal suffrage, the multi- 
plication of elective offices, and the complex system of party 
organization which has lasted with but slight change until the 
present time."i 

Nearly thirty years after the Jacksonian revolution, there was 
formed the political party which eventually put an end to slavery, and 
thus won another victory for democracy in America. 

The beginning of the 20th century was marked by such new 
features as the direct primary, the initiative, referendum, and recall, 
the direct election of United States Senators, and finally, equal suf- 
frage for men and women. 

The Origins of Our Republican Institutions and Ideas 

Most of our governmental institutions were imported from 
England. This is, of course, a natural consequence of the early 
settlement and conquest of America by Englishmen. However, some 
writers have claimed altogether too much for "Anglo-Saxon" insti- 
tutions, saying that their more democratic character is due to some 
inherent capacity 'for free government in Anglo-Saxon peoples. 
Modern scholars have shown that actually many of the free institu- 
tions really were imported into England from elsewhere (some of them 
coming down from the Roman Empire), and that the individual has 
probably had more political freedom in England because England was 
protected from hostile neighbors by the sea, and consequently had 
less need for an autocratic government. Democracy and freedom 
then, are not the invention of any "chosen people," but the creation 
and heritage of the world. The political institutions of the United 
States are, to a remarkable degree, not the creation of any one group 

1. HadUy, TJndercurrentt in American Politics. 



10 FREE GOVERNMENT IN THE UNITED STATES 

of personages, but the result of long and complex evolutionary 
growth. 

The office of state governor originated in the office of colonial 
governor, who was the appointee and personal deputy of the King. 

The two-chambered legislature grew up as a result of the combina- 
tion of the early oligarchic governors' council with a more recently 
formed house of deputies, elected usually by the land owners of the 
colony. It is interesting to note that none of the arguments now 
advanced for keeping a two-chambered legislature were advanced 
when the institution was developing. 

Our judicial institutions are patterned almost entirely after English 
models, with very .little improvement in character and methods in 
these latter days. 

Municipal government up to 1820 followed the English model of a 
single-chambered council, with both legislative and executive powers, 
similar in this way to the present-day commission government. The 
elective mayor did not come until after 1820. 

The famous doctrine of the divison of powers into three branches 
of government was set forth^ by a French writer, Montesquieu, in 
The Spirit of Laws, a work which seems to have greatly impressed the 
makers of our Federal Constitution. 

The doctrines contained in the Declaration of Independence were 
drawn by Jefferson from widely scattered sources. It is probable that 
John Locke, an English philosopher, influenced him most, although 
he had studied Rousseau and other French radicals of the time. 

The Making of the Federal Constitution 

The Federal Constitution was made by a convention which met in 
Philadelphia in 1787. It was made up of representatives of the thir- 
teen states called by act of Congress to amend the Articles of Con- 
federation. The people back of the calling of the convention were 
convinced that the Articles of Confederation allowed the states al- 
together too much independence, and that unless there could be a 
strong central government, disintegration and ruin would overtake 
the new nation. The members of the Convention were much more 
conservative than those who wrote the Declaration of Independence, 
and the constitution which they wrote reflected their conservative 
ideas. After many compromises, the Convention finally agreed upon 
the Constitution, which after a hard fight, was adopted by the 
required number of states, and became the law of the land in 1789. 
Unity and power for the central government was secured by the four 
great powers given to the Federal government: to lay and collect 
taxes, to create and support an army and navy, to regulate foreign 
and domestic commerce, to do all things necessary to carry out the 
powers given by the Constitution. 

1. It was not original with him. 



' CHAPTER II 
FORMS OF GOVERNMENT 

The Government of the Nation 

THE most important fact about the Government of the United 
States is its federal character. Thus, instead of having a central 
government Hke France, we have a division of powers between the 
nationfand the several states. 

The Constitution provides that the nation shall have "enumerated" 
powers, while the states have all other powers which are not expressly- 
prohibited. Thus, the nation can do only what the Constitution 
authorizes it to do, while the states can do all that is not forbidden 
them, or^given to the national government.^ 

The Organization of the National Government 
The national government is divided into three branches: 
Congress — the legislative or law-making branch, 
the executive branch with the President at its head, 
the judicial branch composed of the Supreme Court and 
inferior federal courts. 

The Constitution describes in a general way the organization of 
these divisions of government. 

The legislative department is the Congress, consisting of a Senate, 
andfa House of Representatives. The Senate is composed of two 
senators from each state, elected by popular vote, for six years. The 
House of Representatives is made up of representatives chosen from 
the states. Congress determines the number of representatives to 
which each state is entitled, upon the basis of the census taken every 
ten years. The state through its legislation then determines how its 
own representatives shall be elected. The usual method followed by 
the states is to divide the territory of the state, and to elect one 
representative from a district. Under the census of 1910 the House is 
composed of 435 members. Representatives are elected for two-year 
terms. 

^"The executive power," says the Constitution, "shall be vested in 
a" President of the United States." The President is elected for a 
term of four years, by electors chosen by the voters of each state. 
The number of electors to which each state is entitled, is the number 
of senators and representatives from that state. 

The; President is at the head of a very large and complex mass of 
governmental machinery.^ There are ten departments with a cabinet 

1. The powers of the nation and examples of the things the states may do, are to be found in Mag- 

ruder, American Government in 1921, Chapter 4. 

2. His powers are set forth in the Constitution, Article II, Sections 2-4. 



12 FORMS OF GOVERNMENT 

member at the head of each. There are, in addition, a large number of 
administrative boards and commissions. 

The Government of the States 

Each state is governed under a state constitution, which is usually 
composed of a preamble, a bill of rights, provision for the organiza- 
tion of the three departments of government, provision for future 
changes and amendments, and provisions of miscellaneous character. 
The later state constitutions are distinguished from the older state 
constitutions by the fact that they are much longer, containing a wide 
variety of subjects concerning matters which in earlier days were 
left to legislative action. 

In every state there is a legislative body commonly called the 
"General Assembly" or the "Legislature." In every state this body is 
composed of two houses, usually called the Senate and the House of 
Representatives. 

Every state has a governor as its chief executive officer. He is 
elected by the voters of the state. The Governor has three sorts of 
powers : 

1. executive, such as the appointment and control of state 
administrative offices. This is of course his chief function. 

2. legislative, such as sending messages to the legislature and 
approving or vetoing laws. 

2. judicial, such as pardoning persons accused of crime. 

In most states several offices exist, which because they are also 
subject to popular election, are independent of the governor. The 
most important of these are lieutenant governor, secretary of state, 
the state auditor, state treasurer, and the attorney general. 

In many states there has recently been a tendency to a reorganiza- 
tion of the state administrative offices, for the purpose of efficiency 
and economy. This is on account of the fact that in the course of 
years there have been created a great many boards, commissions, and 
institutions. These have become so numerous that the governor has 
not the time to supervise them properly. Therefore, a tendency has 
arisen to reorganize the state administrative agencies on the plan 
of the Federal government, under a few main departments, with a 
director at the head of each. Perhaps the best example of this 
plan of reorganization is that of Illinois, which is shown in the graph 
on the opposite page. 

The Government of Cities 

In the United States cities are governed either under a special 
charter or by general acts of the legislature. A large number of states 



FORMS OF GOVERNMENT 



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FORMS OF GOVERNMENT 



now have "home rule" for cities, that is, cities are permitted to form 
their own charters, and in general, to determine their own kind of 
government. There are three types of city government in the United 
States — council-mayor, commission, and manager. Most cities are 
still governed under the council-mayor type which provides for a 
city council with a single chamber,^ and a mayor elected by the 
people, who is the head of the executive branch of the government. 

The principle of the commission type of city government is that 
both legislative and executive powers are given to a single commission, 
made up usually of five or seven members. The commission form of 
government has been rapidly outstripped in its popularity by the 
commission-manager form of government. Usually these cities have 
a small council of not over nine members. The council then chooses 
a city manager, who is the administrative head of the city govern- 
ment. The manager usually serves not for a fixed term, but as long 
as the council desires to retain him. The following charts indicate 
the organization of the two important types of city government. 




SUBORDINATE OFFICERS AND BUREAUS 



f j Elective ( 



Appoiniive Officials 
Depanments or Bureaus 



MAYOR-COUNCIL GOVERNMENT 

1. AJfew'cities, notably Baltimore, still have two-chambered councils. 



FORMS OF GOVERNMENT 



IS 



VOTERS OF THE CITY 





MANAGER 



Law 



Public 
Service 




Public 
Safety 



Public 
Welfare 





11 
ta a 




Finance 



O 



Elective Officials 



Appointive Officials 
or Departments 



CITY-MANAGER GOVERNMENT, DAYTON, OHIO 



16 FORMS OF GOVERNMENT 

Other Types of Local Government 

All states are divided into counties, which are not separate govern- 
ments as cities and states, but are divisions of the state for the pur- 
pose of administering certain state laws. Most county officers are 
chosen by popular vote, and in many cases the county constitutes a 
very complex and unwieldly government, and the large number of 
elective offices adds very greatly to the number of names on an already 
long ballot. 

The Merit System in the Civil Service 

"To the victor belong the spoils," has been for generations an 
accepted principle of party control of government. In pursuance of 
this principle, each party on gaining power, is expected to clear out of 
all governmental positions the members of the opposite party, and fill 
the jobs with its own followers. But this system is wasteful and in- 
efficient. Because of this indefensible practice, many people have 
come to believe in the "merit system." The principle upon which 
the merit system is supposed to operate, is that "public office is a 
public trust," which should be entrusted only to persons who have 
proved their fitness by means of competitive examinations. It also 
seeks to protect employees from dismissals for reasons other than 
lack of fitness, and to regulate promotions on the basis of merit. 
More recently it has recognized the need of active effort to recruit 
the civil service by going into the market for men and women of 
ability, and also by devising means of pensioning civil service 
employees. 

In 1883, Congress passed the first great Civil Service Act, govern- 
ing employees of the Federal government. It first applied to less than 
fourteen thousand employees, but gave the President power to extend 
its provisions. Since then, successive presidents have extended it 
until in 1916 it included 296,926, or 62% of all government 
employees in the executive civil service. The Civil Service Com- 
mission, consisting of three members appointed by the President 
and Senate, administer the provisions of the civil service law. 

Following this reform in the national government, the merit 
system has recently been extensively applied in city and state govern- 
ments. Many cities have commissioners supposed to be non-political, 
which give examinations for appointment, and regulate removals. 



CHAPTER III 

THE PUBLIC CONTROL OF GOVERNMENT 

Citizenship 

THE citizen is the basis of the democratic state. He is the 
ultimate source of power. Citizenship is defined by the Four- 
teenth Amendment to the Constitution of the United States as 
follows: "All persons born or naturalized in the United States and 
subject to the jurisdiction thereof, are citizens of the United States 
and the states wherein they reside." 

In the famous case of the United States vs. Wong Kim Ark 
(169 U. S. 649), the Supreme Court decided that a son of Chinese par- 
ents residing in California, who were not, and could not be, citizens of 
the United States, was himself a citizen of the United States. In 
this case, the Court said that the Constitution "contemplated two 
sources of citizenship and two only; birth and naturalization." 
Citizenship by naturalization, can be acquired by naturalization 
under the authority and forms of the law. But citizenship by birth is 
established by the mere fact of birth in the United States and subject 
to the jurisdiction thereof. 

Naturalization is the process provided, for making a foreigner into 
a citizen of the United States. The power to naturalize is vested by 
Congress in any court of record in the United States. This includes 
both state and federal courts. 

There are two main steps in taking out citizenship papers; the 
filing of the declaration of intention, or "First Papers," and the filing 
of the petition, or "Second Papers." The first paper may be filed 
any time after the arrival in the United States. The second paper 
may be filed at least two years after the first paper, and five years 
after arrival in the United States. 

On September 22, 1922, a new law, relative to the naturalization 
and citizenship of married women was enacted. It makes the 
following changes in the citizenship laws: 

1. "The right of a woman to become a naturalized citizen 
shall not be denied or abridged because of her sex or because 
she is a married woman." 

2. An alien woman, shall not become a citizen because of her 
marriage to a citizen. 

3. The wife of an alien does not become a citizen because of the 
naturalization of her husband. In other words the citizenship 
of a wife does not "follow" that of her husband. 

4. A woman citizen of the United States does not lose her 
citizenship by marriage to an alien. 



18 THE PUBLIC CONTROL OF GOVERNMENT 

5. An alien woman who marries a citizen may become a citi- 
zen by a much easier process than an unmarried alien woman. 
She need not file a first paper, and one year's residence is 
sufficient for second papers. For unmarried alien women the 
requirements are the same as for men. 

6. A woman who is an American citizen and who before the 
passage of this law lost her citizenship by reason of her marriage 
to an alien may recover her citizenship by the method above 
described for an alien woman who marries a citizen. 

Political Parties 

Probably the most important means of organizing public opinion 
for the control of government is the political party. A fair definition 
of a political party is found in Ray's "Political Parties and Practical 
Politics" — "A political party is a durable organization of individuals, 
or groups of individuals, fluctuating in personnel and numbers, 
united by common principles or a common policy, and having for 
its immediate end the control of the government through the carry- 
ing of elections and the possession of office." 

National Parties 

Parties have existed almost from the beginning of our career as a 
nation. During and after the Constitutional Convention of 1787, 
there was widespread difference of opinion as to the extent to which 
the nation should go in controlling the economic life of the country. 
Upon a division, which was roughly between the commercial and the 
farming interests of the country, there rose the Federalist and 
Republican parties. In the time which has followed, the names of the 
national parties have changed many times, till now the Demo- 
cratic and Republican Parties are the dominant groups of the 
country. Throughout the history of the United States, there has 
seemed to be a permanent tendency toward a two-party system. 
Many small parties have arisen, but have disappeared after a short 
time, while the two major parties have continued to exist. 

Present-Day National Parties 

The two great national parties are loose organizations which are 
drawn together and put into action only at the time of the con- 
gressional and presidential elections. Each has a National Com- 
mittee, composed of one representative from each state. A conven- 
tion is held by each party every four years, for the purpose of nominat- 
ing candidates for the Presidency. These conventions are, roughly 
speaking, composed of delegates from the various states. The 
number of delegates to which a state is entitled is, with a small excep- 



THE PUBLIC CONTROL OF GOVERNMENT 19 

tion, in the Democratic Party, twice the number of the niembers of 
Congress to which that state is entitled. In the RepubHcan Party 
this proportion is greatly reduced in the southern states which have 
Republican voters. The rule is that districts having 2,500 Republican 
votes have one delegate and those having 10,000 or more, two, based 
upon the 1920 vote. The national campaign is carried on by the 
National Committee, under the direction of the National Chairman, 
who is generally selected by the presidential candidate. 

Local Party Organization 

Political party life in the United States is largely based upon 
the local political organization. In most states, the form of the local 
party organization is determined by state law. In general, the state 
party organization is in the hands of the State Central Committee, 
chosen usually on the basis of Congressional Districts of the state. 
In addition to this State Committee, each county generally has a 
Central Committee, while a well-organized party organization has its 
officials scattered out in every ward and precinct, and in the country, 
in every township. The best example of local political organization 
is Tammany Hall, the New York City Democratic Organization.! 

Nominations 

Bryce has given to our elections the more exact title, "selections." 
This is literally true, for the voter at election time is called upon to 
make a choice among a relatively few candidates for public office, 
who have been selected by some mode of nomination. It has long 
been recognized by those who have been interested in democratic 
government, that the citadel of power is really in the nomination. 

Four kinds of nominations have developed in the course of our 
history. The first type of nomination was by the caucus. Early in 
our history, the members of Congress belonging to a given party, 
would hold a caucus, and select the party candidate for President. 
This mode of nomination was common up to the administration of 
Jackson. At that time it fell into disfavor, and was supplanted by 
the convention. For three-quarters of a century, the convention was 
the approved method of selecting candidates for office, but the rise 
of grave abuses caused a demand for a more direct way of selecting 
candidates with the result that the direct primary to a considerable 
extent, supplanted the convention. 

In the direct primary, the person who desires to become a candi- 
date, gets his name placed on the primary ballot through a petition. 
On the day of the primary, the voter goes to the polling place, re- 
ceives the ballot of his party, and selects from among the candidates 
appearing thereupon. There are two kinds of direct primary — 
the closed primary and the open primary. In the closed primaries, 

\. An excellent description of this organization can be found in Ray's Political Parties and Practical 
Politics, Chapter 16. 



20 THE PUBLIC CONTROL OF GOVERNMENT 

participation is limited to those who have been previously enrolled 
in the party, or who have complied with some test of party allegiance. 
In the open primaries, the voter may vote for the candidates of any 
party, and no attempt is made to prevent Democrats from taking a 
hand in the Republican nominations. The best example of the open 
primary is that of the State of Wisconsin. ^ 

The fourth method of nominating candidates, is nomination by 
petition. By this method a candidate is entitled to have his name 
placed on the ballot after filing with the proper officer a special 
petition, signed by a certain number of voters. 

The most important factors in a system of elections are first, 
the machinery through which the elections are conducted, and 
secondly the form of the ballots used. 

General elections are conducted under the direction of a State 
Superintendent of Elections, who is usually the same person as the 
Secretary of State. Under his direction there are County Boards, 
usually of bi-partisan character, who in turn select officials, usually 
called judges and clerks, for each precinct. In fact the whole system 
of elections is based upon the bi-partisan plan, and the assurance 
which the voter has of honest elections, comes from the action of the 
parties upon each other. In other words, one is set to watch the other, 
and the theory is, that out of this mutual watchfulness, honesty will 
emerge as the only possible workable policy. 

The Australian method of secret voting has been in operation in 
the United States since 1888. There are two kinds of ballots in use 
in the United States. In about half of the states, the Party Column 
ballot is used. This ballot carries the various candidates for office 
grouped under the party to which they belong. The other type of 
ballot, commonly called the Massachusetts Ballot, carries the candi- 
dates grouped under the office which they seek. The short ballot 
movement in the United States is intended to lessen the number of 
offices to be placed upon the ballot, thus making the task of the voter 
more simple by giving him fewer decisions to make. It should be 
remembered that the short ballot goes hand in hand with an increase 
in the appointive power of the executive. Thus, we see that, after all, 
the short ballot movement is a return to the principles of the Consti- 
tution of the United States under which the President is elected, and 
empowered to appoint all of his assistants. 

The Initiative, Referendum, and Recall 

The initiative, referendum, and recall are three relatively recent 
popular measures which seek to extend public control over the govern- 
ment. The initiative is a term used to designate the right of a certain 
percentage of the voters to propose a measure for acceptance or 

L A very good description of the operation of the direct primary is to be found in Ray, Chapter 6, 



THE PUBLIC CONTROL OF GOVERNMENT 21 

rejection by the voters at the polls. ^ The referendum is a device 
which permits a certain percentage of the voters to have a measure 
already passed by the legislature referred to all the voters for accept- 
ance or rejection. The recall is the right of the voters to remove an 
official from office by means of a petition signed by a certain per- 
centage of the voters, requesting that the issue be placed on the 
ballot, and a subsequent election showing a majority in favor of his 
removal. 

The state-wide initiative and referendum have been established in 
nineteen states, and the referendum only in two additional states. 
In all of the states except Delaware a "compulsory" referendum 
exists — that is, the approval of the electorate is necessary before a 
constitutional amendment becomes effective. In five of the nineteen 
states having the initiative, it does not apply to constitutional 
amendments. The recall is now provided for by the constitutions of 
ten states. The provisions in these ten states naturally vary con- 
siderably as to the number of signatures required, and as to whom 
it is applicable. Judicial officers are frequently excluded and signa- 
tures to the petition amounting to 25% of the votes cast at the 
last preceding election are most common. 

Public Opinion 

THE SUPREMACY OF PUBLIC OPINION IN AMERICA 

"Towering over Presidents and state Governors, over Congress 
and state legislators, over conventions and the vast machinery of 
party, public opinion stands out in the United States as the great 
source of power, the master of servants who tremble before it . . . 

"What is public opinion.^ The term is commonly used to denote 
the aggregate of the views men hold regarding matters that affect or 
interest the community. Thus understood, it is a congeries of all 
sorts of discrepant notions, beliefs, fancies, prejudices and aspira- 
tions. It is confused, incoherent, amorphous, varying from day to 
day and week to week. But in the midst of this diversity and con- 
fusion every question as it arises into importance is subjected to a 
process of consolidation and clarification until there emerge and take 
definite shape certain views, or sets of interconnected views, each 
held and advocated in common by bodies of citizens. It is the power 
exerted by any such view, or set of views, when held by an apparent 
majority of citizens, that we refer when we talk of public opinion 
as approving or disapproving a certain doctrine or proposal, and 
thereby becoming a guiding or ruling power."2 

THE MAKING OF OPINION 

"Three classes of persons have to do with the making of public 
opinion. There are the men who seriously occupy themselves with 

1. This is the direct initiative. By the indirect initiative is meant the right of a certain percentage 

of the voters to draw up a measure for submission to the legislative body. The laws of some 
states provide for a combination of these two types of the initiative. 

2. Bryce, James. The American Commonwealth, Vol. 2, Part IV. 



22 THE PUBLIC CONTROL OF GOVERNMENT 

public affairs, whether professionally, as members of legislature or 
journalists or otherwise actively engaged in politics, or as private 
persons who care enough for their duty as citizens to give constant 
attention to what passes in the political world. These persons are, 
taken all together, an exceedingly small percentage of the voting 
citizens . , . They know the facts, they think out and marshal and 
set forth, by word or pen, the arguments meant to influence the 
public. 

"The second class consists of those who, though comparatively 
passive take an interest in politics. They listen and read, giving an 
amount of attention proportioned to the magnitude of any particular 
issue placed before them, or to the special interest it may have for 
them. They form a judgment upon the facts and arguments pre- 
sented to them. Their judgment corrects and modifies the views of 
the first class, and thus they are, though not the originators, yet 
largely the moulders of opinion, giving to a doctrine or a proposition 
the shape it has to take if it is to succeed. Most of them belong to a 
party but are not so hotly partisan as to be unable to consider fairly 
both sides of a case ... 

"The third class includes all that large residue of the citizens which 
is indifferent to public affairs, reading little and thinking less about 
them. So far as it has any opinion, it adopts that which prevails 
in the place where it lives, or in the social class or industrial milieu 
to which it belongs ... The proportion of this class to the 
total adult population varies in different countries but is everywhere 
larger than is commonly supposed. 

"In examining the process by which opinion is formed, we cannot 
fail to note how small a part of the view which the average man 
entertains when he goes to vote is really of his own making. His 
original impression was faint and perhaps shapeless; its present 
definiteness and strength are mainly due to what he has heard and 
read. He has been told what to think, and why to think it . . . 
Although he supposes his view to be his own, he holds it rather 
because his acquaintances, his newspapers, his party leaders all hold 
it. His acquaintances do the like. Each man believes and repeats 
certain phrases, because he thinks that everybody else on his own 
side believes them, and of what each believes only a small part is 
his own original impression, the far larger part being the result of the 
commingling and mutual action and reaction of the impressions of a 
multitude of individuals, in which the element of pure personal con- 
viction, based on individual thinking is but small." ^ 

ORGANS OF OPINION ON GOVERNMENTAL QUESTIONS 

Modern life is marked by the complexity and multiplication of 
appeals to the opinion of the public. These appeals are made 

1. Bryce, op. cit. 



THE PUBLIC CONTROL OF GOVERNMENT 23 

by all sorts of interests, and most of them have enlisted in their 
support, the best agencies for reaching the minds and feelings of the 
public. Some of these are selfish, and some are purely in the public 
interest. One of the important things that a citizen should know, is 
how to make use of these organs of public opinion, how to know 
and to evaluate opinion, whose source is some private, selfish interest, 
and how to recognize opinion which is useful and in the public 
interest. Some of the organs of public opinion which influence the 
mind of the public in governmental questions are the following: 

1. Newspapers and magazines. 

2. Political debates and party propaganda. 

3. Organized publicity for serving interests such as manu- 
facturers' associations. 

4. Farm bureaus and granges. 

5. Private agencies with a public interest — such as voters' 
leagues and municipal research bureaus. 

6. Private organizations in the interest of special proposals 
or programs — such as the National Municipal League. 

7. Research organizations with educational purposes — such 
as the Russell Sage Foundation and the Carnegie Foundation. 



24 



THE PUBLIC CONTROL OF GOVERNMENT 



To vote lor a Person, mark a Cross X In the Square at w 
the right of the Party Name, or Political Designation. ^ 



^ To vote for a Person, mark a Cross X ii> the Square at w 
^j( the right of the Party Name,or Political Designation, xv 



GOVERNOR Vote for ONE 



GHAMNINB H. COX-of bcstoI'- 



^Republlcan 



WAITER 8. HUTGHINS-of G>[[Kn[L 



^Socialist 



PATRICK MULLIGAN-oi bostok- 



-^Socialist labor 



JOHN J. WALSH-Di ! 



^Denocratlc 



LIEUTENANT GOVERNOR Vote for ONE 



MARCUS A. COOUOCE-OF FncHBum^ 



^Democratic 



DAVID GRAI6-0F aiLFORD- 



^Soclallst Labor 



ALVANT.FUUER-OFiUDFiF- 



-^Republlcao 



THOMAS NICHOLSON-HFimii' 



^Soclallit 



ROBERT M. WASHBURN-OFBOSTOi- 



Maiepeodent 



SECRETARY Vote for ONE 



FREDERIC W. GOOK-or sdifuviiU'- 



^RepgbllciB 



EDWARD E. 6INSBUR6-0F bsookuke^ 



'^Denocratlc 



ANTHONY HOUTENBRINK-OFBOSIM-' 



^Sotlalltt Ub«r 



EDITH M. WIUIAMS-DF mmn- 



Siclalltl 



TREASURER Vote for ONE 



GEORGE H.JAGKSON-t)FL 



JAMES JACKSON-nF mhim- 



Repgblleu 



LOUIS MARGUS-OF eosroii- 



■^Soelillst 



PATRICK O'HEARN-or bostoi^ 



ALBERT L WATERMAN-OF Bosioi- 



-^Socliilst Liliir 



AUDITOR Vote for ONE 



ALONZO D. CQOK-OFBOSTDii- 



^Repobllcn 



ALICE E. GRAM-OF Boston^ 



^Deitocratlc 



STEPHEN J. 8URRIDGE-<iF ivkii^ 



^Soclilltt Libur 



HERBERT H. THOMPSOIHf mveiuiill^ 



^Socialist 



ATTORNEY-GENERAL Vote for ONE 



J. WESTON ALLEH-OFHtwiM' 



^Repstllcai 



MORRIS I. BECKER-OF mm-' 



^Socialist Labor 



JOHN WEAVER SHERMAN-HF bostoii^ 



vSocnilSt 



MICHAEL LSUUIVAN-tFSUEi^ 



^Democratic 



CONGRESSMAN -Tbirt«»th Dieirirt Vote for ONE 



ROBERT lUGE-OF wumi - 



^Republican 



CHARLES F. McCABTHY-tF mbbsdugh'- 



^Democratlc | 



COUNCILLOR -8«ond Di. 



.Vote for ONE 



HORACE A. CARTER-OF nftcMi^ 



^Republican 



AUGUSTUS W. PERRY-OFBOsioii' 



^Oemocratle 



6CNATOR— Noican uid Suiloik DiatrKt Vote for ONE 



W1LUAM R. KENNEALY-tFrnKLiaE-^ 



'^Dimcratle 



WESLEY L MONK-OFWtimowa^ 



REPRESENTATIVE IN GENERAL COURT 

TweQt7 a^tb Saffolk DiBtrlet 



Vote for ONE 



MARTIN HAY8-<iF eosioK 



^Rtpiblleti 




THE MASSACHUSETTS TYPE OF BALLOT 
Note the Grouping of Candidates by Office 



THE PUBLIC CONTROL OF GOVERNMENT 



25 




THE PARTY COLUMN BALLOT 
Note the Grouping of Candidates by Parties 



26 



THE PUBLIC CONTROL OF GOVERNMENT 



POLITICAL PARTY CHART 



1789 
Washington 



Jeifferson 
ti 

Madison 

Monroe 

J. Q. Adams 
Jackson 

Van Buren 

.Polk 

Pierce 
Buchanan 



Democrat-Republican— | — Federalist 
1792 Federalist 
1796 



Cleveland 
Cleveland 



Wilson 



Washington 
Adams 



Republican 



Democrat 



Democrat 



1800 
1804 
1808 
1812 
1816 
1820 
1824 
1828 
1832 

1836 

1840 Whig | Harrison 



1844 



Taylor 

Lincoln 
« 

Grant 

Hayes 
Garfield 

i Democrat 1884 

1888 Republican] Harrison , 

\ Democrat 1892 """^ 

McKinley 





1848 


Wliig 1 


Democrat 


1852 




« 


1856 






18Q0 


Republican 




1864 


« 




1868 


<i 




1872 


<t 




1876 


<i 




1880 


<i 



1896 Republican 
1900 " ■ 

1904 
1908 



Roosevelt 
Taft 



1912 
1916 



Reproduced from Manual for Massachusetts Voters by courtesy of the 
Boston League of Women Voters. 



CHAPTER IV 
GOVERNMENT IN TERMS OF SERVICE 

TWO extreme views exist as to the extent to which the govern- 
ment should serve and regulate the interests of its citizens. The 
anarchist holds that government is neither desirable nor necessary. 
All collective interests should be served by voluntary association and 
individual initiative. The socialist would use the state to serve and 
regulate a vast number of the interests of individuals. The United 
States, as well as most modern governments, follows a policy some- 
where between these extremes. But the tendency is to increase the 
number and amount of governmental services and powers. ^ This 
tendency is sometimes called paternalism. 

The Services of the National Government 

THE DEPARTMENTS OF THE FEDERAL GOVERNMENT 

The Department of State. The main duty of the Depart- 
ment of State is the conduct of foreign affairs. The two most 
important divisions of the department are the Diplomatic Bureau, 
including the ordinary diplomatic services, and the Consular Bureau, 
which represents American business in other countries. 

The Treasury Department. In addition to administering 
the financial affairs of the Federal government, which of course is 
the principal duty of the Treasury Department, some services not 
ordinarily performed by such a department are under its supervision. 
The Federal Farm Loan Bureau, a division of the Treasury Depart- 
ment, administers the Federal Farm Loan Act, planned to permit 
farmers to borrow money at more reasonable rates of interest. 
The Bureau of Public Health Service conducts scientific investiga- 
tions, distributes literature, and enforces the national quarantine 
laws. 

The Department of War. The Department of War is not 
only charged with managing the United States Army and all 
military activities, but it constructs public works, improves rivers 
and harbors, and plays an important part in the administration of 
the Philippines and the insular possessions. 

The Department of Justice. The Department of Justice, 
the legal branch of the Federal government, gives advice to 
the President and the heads of the other executive departments. The 
Attorney-General, head of this department, acts as prosecuting 
attorney for the government, and director of the federal court system. 

The Post-Office Department. This department is the largest 
and its scope the broadest of any of the departments. Through 

1. Chapter 6 describes the regulation of private business by government. This chapter describes 
the character and number of actual services performed by national, state, and city govern- 
ments, for its citizens. 



28 GOVERNMENT IN TERMS OF SERVICE 

its work of distributing and collecting mail, issuing money orders, 
etc., this department comes in contact with practically every person 
in the United States. 

The Department of the Navy. The work done by the Navy 
Department is almost exclusively confined to naval affairs. 

The Department of the Interior. The Department of the 
Interior has a wide variety of activities. Through the General 
Land Office, this department surveys, classifies, and disposes of 
public lands; through the Reclamation Service it constructs irriga- 
tion works; through the Indian Office, control of the Indians upon the 
government reservations is exercised and their lands are administered; 
through the Patent Office, patents are issued, and trade-marks, 
prints, and labels, are registered. The Bureau of Education is another 
important division of this department. The Pension Office examines 
applications for pensions, the Geological Survey makes typographic 
and geologic maps of the United States, and the Bureau of Mines 
investigates mining methods with especial reference to the safety 
of the miner. 

The Department of Agriculture. This department assists 
the farming industry through experimental, educational, and 
promotional work in agriculture and kindred sciences. The scope 
of the work is indicated by the titles of its bureaus and departments. ^ 

The Department of Commerce. This department gathers 
census statistics, regulates standards and measures, conducts 
investigations in the interest of fisheries, maintains lighthouses, 
supervises the geodetic survey work, and the navigable waters. The 
Bureau of Foreign and Domestic Commerce fosters trade at home 
and abroad. 

The Department of Labor. The Department of Labor, 
organized in 1913, enforces the immigration and naturalization laws 
of the United States, gathers and compiles statistics concerning 
labor, investigates causes of labor disputes, and publishes bulletins 
dealing with labor conditions here and abroad. The Children's 
Bureau investigates the working conditions of children, and assists 
parents by giving out pamphlets and other information relating to 
prenatal, infant, and child care. The Woman's Bureau, the newest 
division of the department, gathers statistics, and makes investiga- 
tions relating to women -in industry. 

MISCELLANEOUS AGENCIES OF THE FEDERAL GOVERNMENT 

The Government Printing Office prints all the necessary documents, 
reports, and papers for the Federal government. 

1. See Chart Page 30. 



GOVERNMENT IN TERMS OF SERVICE 29 

The Library of Congress, in addition to maintaining one of the 
finest Hbraries in the world, has charge of the granting of copyrights 
for books and other pubhcations. 

The Smithsonian Institution was estabHshed for the "increase and 
diffusion of knowledge among men." In co-operation with the 
Library of Congress, it maintains a library and its various bureaus 
have collections of scientific interest and historical value. 

The Interstate Commerce Commission has supervision of all 
common carriers (railroads, express companies, telegraph and tele- 
phone companies, and pipe lines engaged in interstate commerce). 
Interstate freight and passenger rates must be passed upon by this 
Commission before becoming effective. 

The Federal Reserve Board was created in 1913 as a general 
supervisory body over our Federal Reserve banking system. 

The Federal Trade Commission has the two-fold function of pre- 
venting unfair methods of competition in commerce among the states, 
or with foreign nations, and of gathering and compiling information 
concerning corporations. 

The United States Tariff Commission investigates the administra- 
tion and operation of the tariff laws, and makes recommendations, 
when requested, to the President and to committees of the Senate 
and House. 

The Civil Service Commission supervises the giving of examinations 
for appointment to oflfices in the classified service. 

The United States Shipping Board has the duty of promoting a 
privately owned merchant marine that can be used as an auxiliary 
in times of war. 

The United States Railway Labor Board was created for the pur- 
pose of investigating disputes arising between railroad managers and 
employees, and making recommendations as to wages and other 
matters coming within its province. 

The Pan-American Union is an organization of twenty-one western 
republics for the purpose of promoting the interests of peace, com- 
merce, and friendly intercourse. It publishes bulletins containing 
helpful information to aid in fostering friendly relations among 
American republics. 

The Services of the State Government 

In addition to the older state offices such as the auditor, secretary 
of state, and attorney general, the state has a large number of offices 



32 GOVERNMENT IN TERMS OF SERVICE 

Idaho in the same year, with nine departments; and in Ohio and 
Washington in 1921. 

The plan of reorganization in Illinois was the first and has served 
as a pattern for other states. It provides for the following nine 
departments; Finance, Agriclture, Labor, Mines and Minerals, 
Public Works and Buildings, Public Welfare, Public Health, 
Trade and Commerce, Registration, and Education. 

The Services of Local Governments 

THE COUNTY 

The county, a governmental division of the state for administra- 
tive purposes, performs such services as are provided for, either by 
the state constitution or the legislature. The functions of the county 
naturally vary considerably in different sections of the country, but 
certain duties are performed in all. One of the most important of 
these duties is the administration of justice and the preservation of 
peace. For this purpose there are both civil and criminal courts 
in the county, and court houses and jails are maintained. In almost 
all states the county is the probate district, and distributes the 
property of deceased persons. Other important activities generally 
carried on by the county are the registration of land titles, mainte- 
nance of schools, administration of finance, construction and upkeep 
of bridges, and the control of public health and poor relief. The 
county collects local taxes and is an important division of govern- 
ment for the purpose of collecting state taxes. 

THE TOWNSHIP 

In New England the county is an unimportant district, performing 
few services other than the administration of justice. The township 
performs duties generally belonging to the county. Other powers 
often exercised by the township officers are the control of public 
works such as street pavements, sewers, water works, electric light- 
ing plants, and parks. The power to enact minor police ordinances 
is also a common one. Although township government is not so 
important outside of New England, nevertheless it is found in the 
states from New York to Nebraska. 

THE CITY 

The increase in the services performed by the modern city has 
been no less marked than the similar increase in the activities of 
state governments. Such things as the water supply, electric light- 
ing, garbage and sewage disposal, transportation, street paving, 
health control, police regulation, and fire prevention, have become 
matters of the first order in our large cities. 

A clear conception of the services performed by the modern city 
is not always entertained in the mind of the individual. We are in the 



GOVERNMENT IN TERMS OF SERVICE 



33 



habit of accepting these services as a matter of course and of grumb- 
ling at the high tax rate, but in order to reahze their importance 
one need but dwell for a moment upon the chaos that would result 
if the city services were to cease even for one hour. 

The following outline, naming the usual municipal functions, 
shows the extent to which most cities have increased their services: 



1. Education 

2. Protection 

3. Sanitation 



Health Con- 
servation 



Charities and 
Corrections 



Public Works and 
Utilities 



Amusements and 
Recreation 



a) Kindergartens. 

b) Grade schools. 

c) High schools. 

d) Technical schools. 

e) Night schools. 

a) Police. 

b) Fire. 

a) Street cleaning. 

b) Sewage disposal. 

c) Garbage disposal. 

d) Ash disposal. 

a) Health inspection in schools. 

b) Quarantines and regulations to prevent 

contagious diseases. 

c) Free medical dispensaries, clinics, and visit- 

ing nurses. 

d) Meat and milk inspection. 

a) Care of the sick. 

b) Care of delinquents. 

c) Care of the dependent poor and mental 
defectives. 



a) Street paving. 

b) Electric lighting. 

c) Water works. 

d) Municipal railways. 

a) Playgrounds. 

b) Recreation centers. 

c) Public baths. 

d) Parks and camp grounds. 

e) Social centers. 

THE VILLAGE 

In the village or town, whose main point of difference from the 
municipality is its size, the services performed are similar to those in 
the city. Although the duties vary in different sections of the 
country, and the village is of little importance in New England, pro- 
vision is usually made for such things as fire and police protection, 
street pavements, sidewalks, sewers, waterworks, and street lighting. 



32 GOVERNMENT IN TERMS OF SERVICE 

Idaho in the same year, with nine departments; and in Ohio and 
Washington in 1921. 

The plan of reorganization in Illinois was the first and has served 
as a pattern for other states. It provides for the following nine 
departments; Finance, Agriclture, Labor, Mines and Minerals, 
Public Works and Buildings, Public Welfare, Public Health, 
Trade and Commerce, Registration, and Education. 

The Services of Local Governments 

the county 
The county, a governmental division of the state for administra- 
tive purposes, performs such services as are provided for, either by 
the state constitution or the legislature. The functions of the county 
naturally vary considerably in different sections of the country, but 
certain duties are performed in all. One of the most important of 
these duties is the administration of justice and the preservation of 
peace. For this purpose there are both civil and criminal courts 
in the county, and court houses and jails are maintained. In almost 
all states the county is the probate district, and distributes the 
property of deceased persons. Other important activities generally 
carried on by the county are the registration of land titles, mainte- 
nance of schools, administration of finance, construction and upkeep 
of bridges, and the control of public health and poor relief. The 
county collects local taxes and is an important division of govern- 
ment for the purpose of collecting state taxes. 

the township 
In New England the county is an unimportant district, performing 
few services other than the administration of justice. The township 
performs duties generally belonging to the county. Other powers 
often exercised by the township officers are the control of public 
works such as street pavements, sewers, water works, electric light- 
ing plants, and parks. The power to enact minor police ordinances 
is also a common one. Although township government is not so 
important outside of New England, nevertheless it is found in the 
states from New York to Nebraska. 

THE CITY 

The increase in the services performed by the modern city has 
been no less marked than the similar increase in the activities of 
state governments. Such things as the water supply, electric light- 
ing, garbage and sewage disposal, transportation, street paving, 
health control, police regulation, and fire prevention, have become 
matters of the first order in our large cities. 

A clear conception of the services performed by the modern city 
is not always entertained in the mind of the individual. We are in the 



GOVERNMENT IN TERMS OF SERVICE 



33 



habit of accepting these services as a matter of course and of grumb- 
ling at the high tax rate, but in order to reahze their importance 
one need but dwell for a moment upon the chaos that would result 
if the city services were to cease even for one hour. 

The following outline, naming the usual municipal functions, 
shows the extent to which most cities have increased their services: 



1. Education 

2. Protection 

3. Sanitation 



Health Con- 
servation 



Charities and 
Corrections 



Public Works and 
Utilities 



Amusements and 
Recreation 



a) Kindergartens. 

b) Grade schools. 

c) High schools. 

d) Technical schools. 

e) Night schools. 

a) Police. 

b) Fire. 

a) Street cleaning. 

b) Sewage disposal. 

c) Garbage disposal. 

d) Ash disposal. 

a) Health inspection in schools. 

b) Quarantines and regulations to prevent 

contagious diseases. 

c) Free medical dispensaries, clinics, and visit- 

ing nurses. 

d) Meat and milk inspection. 

a) Care of the sick. 

b) Care of delinquents. 

c) Care of the dependent poor and mental 
defectives. 



a) Street paving. 

b) Electric lighting. 

c) Water works. 

d) Municipal railways. 

a) Playgrounds. 

b) Recreation centers. 

c) Public baths. 

d) Parks and camp grounds. 

e) Social centers. 

THE VILLAGE 

In the village or town, whose main point of difference from the 
municipality is its size, the services performed are similar to those in 
the city. Although the duties vary in different sections of the 
country, and the village is of little importance in New England, pro- 
vision is usually made for such things as fire and police protection, 
street pavements, sidewalks, sewers, waterworks, and street lighting. 



CHAPTER V 
LAW AND THE COURTS 
The Kinds of Law 

THE Constitution. The Constitution of the United States 
is, in its own words, "the supreme law of the land." The Consti- 
tution also provides that "laws of the United States which shall be 
made in pursuance (of the Constitution) . . . and all treaties made 
. . . under the authority of the United States" shall take precedence 
over anything in a state constitution or law. 

Statute Law. In the United States, statute laws are the laws 
made by act or authorization of a legislative body, either by the 
Congress or by a state legislature. 

Ordinances. An ordinance is a local law or regulation enacted 
by a municipal government, usually by a council or commission. 
Ordinances are always made under the general authorization of the 
state law or constitution. 

The Common Law. The common law in the United States 
has been inherited from England. It is" the unwritten law that 
receives its binding force from immemorial usage and universal 
reception. Its existence is usually proved by showing that it has 
been affirmed by the courts, or at least has been appealed to in the 
writings of great judicial sages." — Holland. 

In order of binding importance laws in the United States rank as 
follows: the Constitution of the United States and treaties, laws of 
Congress, state constitutions, state statutes, municipal ordinances, 
and the common law. 

Civil and Criminal Procedure 

A civil suit as distinguished from a criminal suit, is one involving 
the private rights of an individual. It is usually between two persons. 
A criminal case is one in which the state itself is the plaintiff and the 
act or crime charged is an offense against the public. 

There are two kinds of civil suits, law and equity. Equity is a 
branch of legal procedure which grew up in cases for which no 
remedy was provided by law. In the United States suits are decided 
without a jury by the judge himself. An injunction is an example of 
an equity proceeding. 

Crimes are of two kinds, felonies and misdemeanors. Felonies 
are crimes of a more serious character. In general, they are those 
offenses which may be punished by imprisonment in the state peni- 
tentiary. Misdemeanors are all other offenses against the criminal 
law. They are usually punishable by fine or imprisonment in a house 
of correction other than a state penitentiary. 



LAW AND THE COURTS 35 

Federal Courts 

The United States Supreme Court is composed of nine justices, 
including a chief justice. In addition to the Supreme Court there are 
nine Circuit Courts of Appeals, and about eighty District Courts. 
In addition to these there are two special courts— the Court of Claims, 
and the Court of Customs Appeals. All judges of federal courts are 
appointed by the President for life or "for good behavior". 

State Courts 

The names and jurisdictions of state courts vary so much from 
state to state that it will be necessary to speak of them in general 
terms. There is usually at the bottom of the system the Justices* 
Court. The Justice of the Peace generally has jurisdiction over the 
civil and criminal cases of a lesser sort. He usually can decide mis- 
demeanor cases with the power to hold a preliminary examination 
in felony cases. In civil matters there is usually a money limit upon 
the cases which he may try. 

Above these are usually county courts, called in some states Courts 
of Common Pleas. These have jurisdiction over both civil and 
criminal cases. 

In most states there is some sort of appeals court between the 
county courts and the state supreme court. The latter is in some 
states (notably New York) called the Court of Appeals. It is the 
court of last resort in all cases in which there is no question involving 
the United States Constitution, treaties, or laws of Congress. 

New needs have brought into being several special kinds o f 
courts. 

Many cities have a special municipal court which takes over the 
jurisdiction of the Justice of the Peace. Most cities of any size have 
Police Courts which have jurisdiction over misdemeanors, and the 
examination of persons accused of felonies. 

Many states have provided for the Probate Courts to probate 
(prove) wills, and to appoint administrators for estates not provided 
for in wills. Probate Courts also usually have jurisdiction in cases 
involving guardianship because of lack of mental responsibility. 

There is also a very widespread tendency to create special juvenile 
courts to deal with cases involving children and courts to settle dis- 
putes involving property of small value with a minimum of cost and 
formality. 

State courts generally have clerks and bailiffs appointed by the 
judges in cases where they are not elective. The county prosecutor 
or district attorney, usually an elective officer, represents the state 



36 LAW AND THE COURTS 

in criminal actions. In a few cities there has been created a new 
office called a Public Defender whose duty is to defend persons ac- 
cused of crimes. 

Juries 

A grand jury is a group of persons summoned for the purpose of 
hearing and considering evidence against persons accused of crimes. 
It does not determine guilt or innocence, but the question whether 
a person shall be tried for a crime. 

A petit jury is a group of persons summoned into court to hear 
evidence in a trial and to decide questions of facts. 

Serious Problems in the Administration of Justice 

There is inequality before the law, because the procedure for secur- 
ing justice is complicated and expensive. This defect is admitted, 
and deplored by even the more conservative American lawyers. 

"On the civil side of the courts there is undue delay, and this always 
works for the benefit of the man with the longest purse. It used to 
be thought that a system by which cases involving small amounts 
could be carried to the Supreme Court through two or three courts of 
intermediate appeal was a perfect system, because it gave the poor 
man the same right to go to the Supreme Court as the rich man. 
Nothing is further from the truth." — Wm. H. Taft. 

Criminal justice is also uncertain, and permits of all sorts of per- 
versions of the processes of justice, with a consequent flood of crime 
in all American cities. 

"It is not too much to say that the administration of criminal 
law in this country is a disgrace to our civilization, and that the 
prevalence of crime and fraud which here is greatly in excess of that 
in the European countries, is due largely to the failure of the law 
and its administration to bring criminals to justice." — JVm. H. Taft. 

The jury system has failed to operate under modern conditions 
as it did in former generations. "The character of the jurors usually 
selected is such as to discredit the method for the determination of 
many cases now requiring a jury. As often operated in the courts, the 
jury system puts a ban upon intelligence and honesty, and a premium 
upon ignorance, stupidity, and perjury. The difficulty of selecting 
a jury in important cases, has tended to delay the trial and to dis- 
credit the entire process of justice. Furthermore, the jury is fre- 
quently called upon to decide questions which are entirely beyond the 
range of possibility of determination by any except experts trained 
in the law and in the principles of evidence."^ 

1. Haines, Principles and Problems of Government. 



CHAPTER VI 

THE REGULATION OF BUSINESS BY GOVERNMENT 

Theories of the Extent to Which Government 
Should Interfere With Private Business and Property 

THE Age of Individualism. In the age in which the 
American Revolution was fought, freedom meant the absence of 
the tyrannical control of an all too powerful monarchy. The pro- 
gressive thinkers of the time had seen the efforts of the King and 
Parliament to regulate private business and property end in ruinous 
confusion. They had seen the efforts of the English government to 
force obnoxious laws upon the business interests of America result 
in a disastrous war and the loss of valuable colonial possessions. 
Their conclusion was that free competition was the salvation of 
business, and that that government was best which interfered the 
least with the property of the individual. It was in this spirit that 
the Declaration of Independence was written and the Constitution 
made, and upon this theory the political economy of the end of the 
eighteenth century and most of the nineteenth was built. This 
manner of viewing the functions of government was commonly 
called individualism, or the laissez faire theory of economic life. 
To quote one of the writers of that time,"Free competition of man 
against man is most progressive, most equalitarian, and most bene- 
ficial of all those things which Providence has entrusted to the 
development of man." Jefferson said that the government should 
have few concerns except to keep order and to maintain relations with 
other nations. 

Property Rights in the United States. It is natural that 
the United States, which was in the making when such extreme 
views were held, should bear their deep imprint upon its laws and 
institutions. Former President Hadley of Yale, a sound and 
distinguished economist, says, "The constitutional position of the 
property owner in the United States has been much stronger than in 
any country in Europe . . . The whole American political and 
social system is based on industrial property rights, far more com- 
pletely than has ever been the case in any European country . . . 
At the time, when the United States separated from England, 
and respect for industrial property rights was a fundamental principle 
under the law and public opinion of the land, , . . the several colonies 
. . . adopted a federal constitution which contained a number of 
guarantees for the permanence of property right — some intentional, 
some probably accidental — which made it difficult for legislatures in 
subsequent generations to alter the legal conditions of the earlier 
period, except when such alterations secured the approval of the 
courts." 



38 THE REGULATION OF BUSINESS BY GOVERNMENT 

The Reaction from Individualism. With the coming of 
industrial life in England and America, it was soon evident that 
to leave all things to blind competition would allow the growth of 
serious abuses. Monopolies grew up which forced high prices and 
unreasonable profits. Labor was unjustly treated. As early as the 
middle of the nineteenth century, there began a demand that the 
government see to it that the weak be protected from the strong, and 
that the private interest, forcibly if necessary, be made to minister 
to the general welfare of the community. In this demand in England 
such men as Ruskin and Carlyle took a leading part. Carlyle 
called the political economy of his age "the dismal Science" and said 
of the theory of laissez faire, "It will have to cease; pacific 
mutual divisions of the spoils and would-let-well-enough-alone 
will no longer suffice . . . Clearly a difficult point for government, 
that of dealing with these masses; if indeed it be not rather the sole 
point and problem of government, and all other points mere accidental 
crotchets, superficialities, and beatings of the wind! For let charter 
chests, use and wont, law common and special, say what they will, 
the masses count to so many millions of units, made to all appearances 
by God, whose earth this is declared to be." Ruskin constantly 
called the attention of the people of his time to the need of govern- 
mental interference with business and property in the interests of 
the workers, and the futility of the contemporary political theory, 
"Among the delusions of the human race," he wrote, "certainly the 
least creditable is the modern science of political economy." This 
reaction in Great Britain from individualism found expression in 
long series of laws on every conceivable phase of economic life, and 
culminated in the passage of much social legislation by the Liberal 
Party under Asquith and Lloyd George just before the Great War. 

Growth of Government Control. In the United States 
a variety of causes have kept the growth of government 
control far behind England. But there has developed both in states 
and in the nation a long series of laws limiting the rights of private 
business in the interest of the public. This tendency, however, has 
been kept well in check by the fact that the courts have it within 
their power to decide whether acts of the legislative departments of 
states and nation are constitutional. And the Constitution as has 
been stated, has certain restrictions upon governmental interference 
with private property. These restrictions are upon both the states 
and the Federal government, and in every case the final decision as 
to the power to pass legislation rests with the courts. These consti- 
tutional restrictions upon both states and nation are so numerous and 
the decisions concerning them so detailed and complicated that no 
general rules can be laid down concerning them. Perhaps the best 



THE REGULATION OF BUSINESS BY GOVERNMENT 39 

way for those who are beginning the study of governrnent is to learn 
what specific kinds of social and economic legislation have been 
passed by the states and nation and not declared unconstitutional 
by the courts. 

Regulation by the States 

THE POLICE POWER 

The powers which both states and nation exercise in regulating 
private property are mainly included under the term "police 
power," which is a general term meaning, according to the 
Supreme Court, the power of a government to make laws which 
"relate to the safety, health, morals, and general welfare of the 
public." Under this power the courts have permitted state 
legislatures to pass many laws which are intended to protect the 
public from unrestrained private power. The most important of 
these deal with corporations and with labor. 

The Control of Corporations. State supervision of corpo- 
rations has usually been exercised in three ways: (a) detailed 
regulations for the granting of corporation charters by the state 
to prevent fraudulent and improperly organized corporations 
from going into business, and to prevent stock watering and 
monopolostic combinations, (b) special regulation of banking and 
insurance companies in which the public is compelled to repose great 
confidence, (c) the regulation of public utilities, such as railroad, gas, 
telegraph, and telephone companies to prevent them from collecting 
unfair compensation for their services to the public. 

Labor Legislation. Legislation giving special protection to 
workers is enacted by states upon the general theory that in 
selecting employment and in determining the conditions under 
which work is done the employee is at a disadvantage, and there- 
fore needs assistance from the government. In general this 
assistance comes under the following types of laws: 

1. protection of health, safety, and morals while employed. 

2. compensation for accidents while working. 

3. fixing the wage rate. 

4. regulation of disputes between employers and employees. 

Protection of Health, Safety and Morals. This includes 
forbidding the use of dangerous machinery, compelling employers 
to establish proper ventilation, sanitation, fire protection, and 
other personal safeguards as well as moral conditions for the 
worker while employed. Laws have also been passed prohibiting 
child labor, and fixing a maximum number of hours for the em- 
ployment of women in many industries, and for men in a very 
few. Court decisions indicate that women are upon an entirely 



40 THE REGULATION OF BUSINESS BY GOVERNMENT 

different status than men as far as limitation of hours of employment 
are concerned. While limitations of the hours of women can be made 
in a large number of industries, the regulation of the hours of men 
can be made only in dangerous industries. For example, the Supreme 
Court has permitted the fixing of an eight hour day for miners in a 
certain state while it has declared unconstitutional another law fixing 
hours for men employed in bake shops. 

Conipensation for Accidents While Working. Under the 
common law it is very difficult for an injured workman to secure 
damages for accidents which occur while he is at work. More- 
over, it is not always just to compel a specific employer to pay 
damages to a man injured in his shop or factory; so a scheme has 
been worked out in many states which provides a state insurance 
fund to which employers contribute and out of which injured em- 
ployees are compensated. These are called "Workmen's Compensa- 
tion Laws." These in effect, take from the individual employee or 
employer the economic burden of accidents and distribute it over the 
entire industry. 

Fixing the Wage Rate. Minimum wage laws have been 
passed in a number of states. These apply only to the employ- 
ment of women. The theory upon which they are passed is that 
a wage which does not permit fair living conditions for women 
directly endangers their health and indirectly their morals. 
In some of the states (as Massachusetts) the State Commissioner 
recommends a minimum wage, in others (as New Jersey) it is 
compulsory, and is fixed from time to time by some sort of com- 
mission. 

Regulation of Labor Disputes. The regulation of labor 
disputes is one of the most difficult of the problems of govern- 
ment. Many states have provided boards of conciliation and 
arbitration which are used only when the parties to the dispute 
choose to use them. In Kansas, however, a compulsory method 
has been devised. A Court of Industrial Relations has been 
created with three judges appointed by the governor, to supervise 
and control all public utilities in the state, and to investigate all in- 
terferences with the operation of certain "essential industries." In 
case such interference is continued, the Court may institute pro- 
ceedings to take over and operate such an industry. This Court has 
been bitterly opposed by organized labor. 

Regulation by the Federal Government 

THE REGULATION OF COMMERCE 

Most of the power which the national government possesses over 
private business comes from the clause in the Constitution which 



THE REGULATION OF BUSINESS BY GOVERNMENT 41 

gives to Congress the power to "regulate commerce , with foreign 
nations and among the several states." The Supreme Court has 
decreed that the term "commerce" has a very wide meanmg. Com- 
merce," it has stated, "is a term of the largest import. It compre- 
hends intercourse for the purpose of trade in any and all its forms, 
including the transportation, purchase, sale, and exchange of com- 
modities between the citizens of our country and the citizens or 
subjects of other countries, and between the citizens of different 
states. The power to regulate it embraces all the instruments 
by which such commerce may be conducted." Even messages by 
telephone and wireless are commerce under this interpretation. It 
includes practically all transportation of persons or things, tangible 
or intangible. It does not, however, include bills of exchange, in- 
surance, or manufacturing. The most important forms which Federal 
regulation of commerce have taken are tariff duties, the control of 
immigration, railway regulation, and anti-trust legislation. 

The Tariff. Duties on imports are sometimes levied "for 
revenue only" which means that they are intended only to 
provide revenue for the use of the government. This system 
prevails in Great Britain. In the United States the "protective 
kind of tariff prevails. Under this kind of tariff goods which 
compete with home products are subject to the tariff, the intent 
being to restrict the amount of such goods imported and to 
compel a higher price to be charged when they are sold in the 
United States. The question of policy as to the tariff has long 
been an important political issue in the United States, the Demo- 
cratic Party leaning toward a low tariff and the Republican 
mainly favoring a protective tariff "to aid home manufacturing, keep 
up wages, and to promote agriculture." 

Immigration. Congress has full power to regulate immigra- 
tion. Under this power it has passed laws excluding Chinese 
and other orientals, certain undesirable persons of other nation- 
alities, has imposed a literacy test, and finally has passed the 
so-called "three per cent law" which limits the number ot aliens 
who may be admitted to the United States annually from any 
one country to three per cent of the number of aliens from that 
country, residing in the United States at the time of the census 
of 1910 The act was originally passed in 1921, and was to con- 
tinue in effect only for a limited time. In February, 1922, its 
operation was extended until June 30, 1923. 

Regulation of Railways. Many complaints against unjust 
rates and unfair discrimination brought about the creation of the 
Interstate Commerce Commission in 1887. This Commission 



42 THE REGULATION OF BUSINESS BY GOVERNMENT 

has the power to prevent unjust discrimination by railroads and 
to fix rates on both freight and passenger transportation among 
the states and with some limitation within states as well. 

Regulation of Trusts. Under the power to regulate com- 
merce, the Federal government has sought in various ways to 
protect the public against injustice by monopolistic corporations 
and "trusts." The first of these laws was the Sherman Anti- 
Trust Law of 1890. Under this law there is prohibited "every 
contract or combination in the form of a trust or otherwise, or 
conspiracy in restraint of trade or commerce arnong the several 
states, or with foreign nations." No commission was created 
for the enforcement of this law, it being left to the Attorney 
General to bring suits in the courts for its enforcement. In 1914 
there was passed the Federal Trade Commission Act which pro- 
vided a commission to assist in enforcing the anti-trust laws. In the 
same year there was passed the Clayton Anti-Trust Law, which made 
detailed changes in the Sherman Law, intended to make it more work- 
able and more extensive in its application. 

OTHER EXAMPLES OF POLICE POWER 

Under the interstate commerce power of Congress, many attempts 
have been made, mostly successful, to enforce police power through 
use by the Federal government. For examples, Congress passed 
in 1893 the Safety Appliance Act, which requires trains engaged in 
interstate commerce to be equipped with safety devices. This was 
intended to protect men working upon railroads. Congress has 
also provided an Employers' Liability Act which provides for damages 
for the death or injury of employees of interstate railroads. More 
important than either of these has been the passage of laws limiting 
the hours of various classes of labor employed upon interstate carriers. 
In 1916 at the threat of a general strike and at the request of President 
Wilson, the Adamson Law was passed which fixed eight hours as 
the standard day's work on railroads, and directed the investigation 
into the question of wages. Thus Congress fixes the hours of labor, 
as well as wages, for persons engaged in interstate commerce. 

The laws already named have been in the interest of employees 
of interstate railroads. Congress has gone beyond this in an attempt 
to protect the general public through the power to control interstate 
commerce. It passed in 1906 the Food and Drugs Act which was 
intended to guarantee the purity and quality of food and drugs. 
It provided that food and drugs which were not approved by Federal 
authorities could not be transported in interstate commerce. Inas- 
much as any manufacturer in these days needs to send his goods 
into other states in order to make a profit, it will be seen that this 



THE REGULATION OF BUSINESS BY GOVERNMENT 43 

was a sufficient control over such manufacturing. Congress has also 
prohibited the transfer of lottery tickets by means of interstate 
carriers. It has enacted the White Slave act to prevent the interstate 
transportation of persons for immoral purposes. 

An attempt was made in 1916 to use the interstate commerce power 
to prohibit the transportation of articles in any industry in which 
children under 16 years of age were employed. By a five to four 
decision, the Supreme Court declared that this method of prohibiting 
child labor was not constitutional, saying that the power of Congress 
was to control, not to destroy, commerce. 

Other powers of Congress have been used for enforcing police 
regulations. The postal power, for example, makes it possible for 
Congress to prevent fraud through use of the mails. The taxing 
power has been used to prohibit certain evils. For example, in 1912 
an act was passed which placed a large tax upon white phosphorus 
matches, so that the manufacture of them was entirely prevented. 
This was in order to protect working people from the dangers attend- 
ant upon the working with phosphorus. The same power was used 
in preventing the manufacture of artificially colored oleomargarine. 
After the failure of the Child Labor Law, passed under the commerce 
power, an attempt was made in 1919 to use the taxing power to 
prevent child labor. This has also been declared unconstitutional 
by the Supreme Court. 



CHAPTER VII 

FINANCING THE GOVERNMENT 
The Rising Cost of Government 

E have seen that modern governments are taking upon them- 



w 



selves more and more functions. The necessary consequence 
is a tremendous increase in the cost of maintaining government, 
particularly within the past few years. A striking indication of this 
increase in cost is shown in the following table. The year 1913 is 
used because it was the last year before the effects of the European 
War became a dominant element in public finance in this country. 

TOTAL COST OF GOVERNMENT WITH PER CENT OF INCREASE 
FROM 1903 TO 19131 

Total Government Cost Per Cent 

Payments of 

Division of Government 1903 1913 Increase 

Total - $1,773,186,446 33,284,343,266 85.2 

Federal 616,739,361 962,600,857 54.5 

States 185,764,202 382,551,199 105.9 

Counties 197,565,827 385,181,760 95.2 

Incorporated places of 

8,000 or oyer....... 551,234,172 1,119,843,682 105.2 

All other civil divisions 

estimated 222,082,884 444,165,7682 100.0 

Where Federal Revenue Comes From 

The sources of Federal revenue, it will be seen, are from customs 
duties, excise taxes, corporation, and individual income taxes, the 
proportions of which are shown in the following table: 

FEDERAL REVENUE FOR THE YEAR ENDING JUNE 30, 1919 — IN MILLIONS 

OF DOLLARS 

Internal Revenue: 

Income and Profits Tax. 2,601 millions 

Tax on spirits, liquor, and tobacco 690 

Tax on freight, express, passengers, etc 239 

Tax on sales by manufacturers 82 

Customs ..-.'. - - .- 183 

Postal Revenues (gross).... 364 

Miscellaneous 531 



Total 4,690 

L From the address of chief statistician of Census Bureau, delivered before the National Tax 

Association at San Francisco, August 12, 1915. 
2. Includes ?126,792,99S actual governmental costs payments of incorporated places of 2,500 to 

8,000. 



FINANCING THE GOVERNMENT 45 

Customs duties are, and have always been, a primary source of 
revenue for the Federal government. The rates are fixed by Congress 
in tariff laws, and the tax is collected by the Treasury Depart- 
ment through forty-eight customs districts. Two thirds of all 
customs duties are collected at the port of New York. 

Excise taxes are levied upon manufacture, sale, or consumption of 
articles within the United States. During the World War the number 
of articles taxed was greatly increased including taxes on freight, 
express and passenger business, telegrams, automobiles, tires, theater 
tickets, chewing gum, and toilet articles. These taxes are collected 
in the form of a license fee on the dealer, and by means of revenue 
stamps required to be placed upon articles sold. 

Income taxes have become increasingly important as a source of 
federal revenue. The Sixteenth Amendment to the Constitution 
made this form of taxation possible. The first law passed in 1913 
fixed a tax upon incomes over ^3,000 with additional taxes upon 
larger ones. In 1917 the war made it necessary to lower the minimum 
amount to $1,000 for single persons and 32,000 for married persons, 
with increased rates on larger incomes. In addition the law of 1917 
provided an excess profits tax upon business. 

State and Local Revenues 

Of the total expenditures for government in the United States, 
35% are for the national government, 10% for state governments, 
and 55% for local units, such as counties, cities, and townships. 
Hence, the revenues which must be raised under the state laws, 
amount to almost twice as much as the cost of the national 
government. In 1919, the 227 cities of the United States with a 
population of over 30,000, were compelled to raise 31,224,1 12,714, 
This means that these cities had to raise 335.32 per capita. The 
main sources of state and municipal revenues are the general property 
tax, special property taxes, business taxes, subventions and grants, 
special assessments, and licenses. 

The General Property Tax. This tax provides more than 
half of all state and local revenue. It consists of taxes on real 
and personal property. In the actual administration of this 
tax, states organize methods of assessment with provisions for 
equalization, if the person taxed claims that injustice has been 
done. State, county, and local taxes are usually collected by 
the same officials. After the funds are collected, they are dis- 
tributed by these officials among the various governmental 
units which receive them. Real property consists of lands and 
permanent improvements, while personal property means movables, 
such as money or shares of stock. 



46 FINANCING THE GOVERNMENT 

Special Property Taxes. These consist of inheritance taxes, 
taxes on the capital stock of corporations, and mortgages. The 
income and the inheritance tax are becoming more important in 
state finance. 

Business Taxes. These consist of taxes on insurance com- 
panies, the gross earnings of express, telegraph, telephone, and 
other similar companies, building and loan associations, and 
savings banks. Five states collected income taxes in 1913. 

Grants or Subsidies. Grants represent amounts received 
by states or local governments from the national government to 
aid agriculture, education, and highway construction. 

Special Assessment Taxes. Cities are realizing more and 
more the value of special assessment taxes for the payment of 
municipal improvements. These are collections made for drain- 
age, fire protection, sewers, and water works. 

Licenses. Licenses are of two kinds, licenses upon business, 
such as upon stores, billiard rooms, soft drink establishments, 
while non-business license taxes include taxes upon hunting, 
fishing, and automobiles. For instance, the state of Ohio received 
37,330,080.78 from automobile licenses for the year ending 
June 30, 1922. 

The National Debt 

The power to borrow money is given to Congress by the Constitu- 
tion. At the beginning of the Great War, the debt of the United 
States was less than that of any of the other great powers. It 
amounted to a little less than a billion dollars. But during the war 
the debt increased in two years from one billion to twenty-five billion. 
Practically all of this debt is represented in government bonds. 

The Federal Reserve System 

In 1913 the famous Federal Reserve system was put into operation. 
By this law the country is divided into twelve great districts in each 
of which there is a Federal Reserve bank. These banks do not do 
business directly with the general public, but with member banks 
which are all of the national banks in the district, and such state 
banks as have voluntarily become members of the federal system. 
The central control over the Federal Reserve system is held in a 



FINANCING THE GOVERNMENT 47 

Federal Reserve Board, consisting of the Secretary of the Treasury, 
the Comptroller of the Currency, and five other salaried members 
appointed by the president and senate for ten-year terms. The head 
of the board bears the title of Governor. The Federal Reserve bank 
in each district is controlled by nine directors, six chosen by the 
"member banks," and three appointed by the Federal Reserve 
Board. 

State and Municipal Debts 

So great has been the increase in the duties of modern government, 
and so comprehensive the projects undertaken that state and muni- 
cipal indebtedness has within recent years reached very serious 
proportions. This indebtedness is of two kinds, the "funded" debt, 
represented by long term bonds, and the "floating" debt, usually 
represented by short term notes. The former is by all odds the more 
important. 

In 1919 the total and per capita debts of all of the forty-eight 
states, and of the cities having a population of 30,000 or more, were: 

Total Debt Per Capita 

States $ 744,382,933 $ 7.08 

Cities 3,702,272,563 118.28 

Thus, the cities present a most serious problem in public debt. 
From 1909 to 1919 the total municipal debt increased 40% 
while the per capita debt increased 35 %. The largest cities 
have not only the largest debts but the largest per capita debts. New 
York had in 1918, a debt of ^1,005,055,000 or 3175.10 per capita. 
Albany 37,770,000 or 372.87 per capita. The city of New York had 
in 1918 a debt as large as the total national debt in 1915. 

So great has been the increase in municipal debts that most states 
have attempted to limit by law the city's power to borrow. But this 
has not been sufficient to check the tendency. City governments in 
which politics is powerful, dislike to increase the tax rate sufficiently 
to "pay as they go" and thus subject themselves to the anger of the 
taxpayer; so they have used every artifice to secure large sums for 
municipal improvements to be paid for by future generations. 

Two methods are used by states and cities for extinguishing debts: 
the sinking fund system, and the serial bond system. A sinking 
fund is a fund into which a part of the yearly revenues is paid to 
accumulate for the payment of bonds when due. This is not always 
the best way, however, as cities and states are under the temptation 
to neglect these annual payments. Moreover, the sinking fund money 
is not always wisely invested. The serial bond plan provides for a 
few bonds payable each year. Thus the city is compelled to set aside 



48 FINANCING THE GOVERNMENT 

money regularly to meet them, and the care of a sinking fund is 
made unnecessary while interest charges decrease yearly. 

The Principles of Budget Reform 

The greatly increased cost of government has brought home to 
citizens the need of increased efficiency in the spending of govern- 
ment funds. The chief method of enforcing efficiency is through 
improved budget planning. 

A budget has been defined as, "a plan for financing the government 
during a definite period." Good authorities have called attention 
to certain principles which should be followed in making such plans: 

1. A budget should be prepared by the responsible executive in 
city, state or nation — not by the legislature. He should have as the 
basis of his work, estimates from all parts of the administration, but 
he should be free to revise these at will. 

2. The budget should carry estimates both of expenditures and 
of revenues. 

3. The budget should plainly show comparisons with expenditures 
for similar purposes in other years, with provision for explaining 
desired increases or decreases. 

4. When possible, the legislative body should consider the budget 
as a whole, and not, as in the past, in several appropriation bills to 
be scattered among several committees. 

5. Public hearings should be provided for all interested citizens. 

Hozu Congress Spends Money 

Until recently the expenditures of the United States government 
were largely in the hands of certain committees of Congress, of which 
the Committee on Appropriations was the most important. There 
was no real executive budget, the Treasury Department merely col- 
lecting the estimates of all the administrative departments of the 
government and submitting them through the Committee on Ap- 
propriations to the House of Representatives. The process of asking 
appropriations thus scattered through a number of committees, and 
determined in the secrecy of their hearings, had the effect of greatly 
increasing the cost of government. In fact, this method of appropria- 
tion was a direct encouragement to wasteful expenditure. Two terms 
have come to be used in this connection, "log-rolling," and "pork 
barrel." The term log-rolling means that one member of Congress 
will assist another to get an appropriation for something, provided 
the "favor" will be reciprocated. The term pork barrel is applied 
to the type of appropriation bills passed by Congress in which pro- 
vision is made for all sorts of political purposes, such as post offices 
and government buildings, in the districts of its members. For a 



FINANCING THE GOVERNMENT 49 

long time there has been agitation for a reform in the appropriation 
methods of Congress, but until very recently nothing has been done. 

A New National Budget 

Finally, after many unsuccessful attempts, the example of the 
French, English, and other governmental budget systems, has been 
followed in the United States, and in 1921 provision for a new national 
budget was made by Congress. This new system provides for an 
audit of government accounts in a Bureau of Accounts, which is 
directed by a Comptroller General, appointed by the President and 
the Senate for a term of fifteen years. This official is in a very real 
sense, an independent auditor of accounts, owing his appointment to 
no single party, and being responsible to no division of the govern- 
ment except the President alone. The law also sets up a Budget 
Bureau in the Treasury Department, whose director is appointed 
by the President alone without a fixed term. He assists the President 
in preparing a national budget, which must be transmitted to 
Congress on the first day of each session. In addition to these 
changes, the House has enlarged its Committee on Appropriations 
from 21 to 35 members, and has given it jurisdiction over all appro- 
priation measures. This puts an end to the former plan of having 
appropriations considered by several committees. This system has 
has been in operation for too brief a period to permit a judgment 
of its value. However, it is worked out on sound principles, and 
undoubtedly will save the country many millions of dollars each year. 

Municipal and State Budget Reform 

The great cities have gone far in the direction of good budget 
making. Practically all of the new charters contain detailed provi- 
sions for making the budget, and in most cases they embody all of 
the above principles. It is only within the past five or six years that 
states have taken steps for reform, but in several, notably Maryland, 
many of the necessary principles have been adopted. 



CHAPTER VIII 
THE LAW AND GOVERNMENT OF THE WORLD 

International Law 

IN one of the greatest treatises on the subject, international law is 
defined in the following way: "International law consists of cer- 
tain rules of conduct which modern civilized states regard as being 
binding on them in their relations with one another with a force 
comparable in nature and degree to that binding the conscientious 
person to obey the laws of his country, and which they also regard 
as being enforceable by appropriate means in case of infringement." ^ 

The development of international law has been very slow, and has 
covered centuries in time. Nations have always observed some rules 
governing their relations to each other, and ancient times saw many 
councils and leagues of nations. But the first formulation of the 
rules of international law came in 1625 when Hugo Grotius, a Dutch- 
man, wrote "The Law of War and Peace." This great work was 
intended to make certain rules of international conduct more definite 
and binding, thus lessening the number of disputes, and making the 
practice of warfare somewhat more humane and regular. Because 
of this contribution, Grotius has been called the "Father of Inter- 
national Law." 

The way in which international law differs from other kinds of law 
is in the fact that it has no physical force to compel its obedience. 
This is, of course, its great weakness, because in the face of desperate 
need or strong pressure nations take advantage of the indefiniteness 
of international law, disregard it, and violate its principles. 

The United States and the World 

John Bassett Moore, a great authority on international law, and 
at the present time the only American member of the World Court 
at the Hague, speaks thus of America's participation in world affairs: 
"Nothing could be more erroneous than the supposition that" the 
United States has as a result of certain changes in its habits, suddenly 
become, within the past few years, a world power. The United States 
has in reality always been in the strongest and highest sense a world 
power." 

Before the United States became a nation at all it entered into a 
defensive alliance with France in 1778, as a result of which the United 
States secured its freedom. Later on, in the administration of Wash- 
ington, France called upon the United States to act in accordance 
with this alliance, and to assist her in the war with England. The 
Washington administration refused to do this, although the opposi- 
tion party under Jefferson strongly favored it. Shortly afterwards, 

1. W. E. Hall, International Law (7th Ed.) p. 1. 



THE LAW AND GOVERNMENT OF THE WORLD 51 

the SO called policy of isolation was stated by Washington in his 
farewell address, in which he warned the United States to beware 
of "entangling alliances." In this connection he said that "the 
greatest rule of conduct in regard to foreign nations is ... to have 
with them as little political connection as possible." Later on the 
famous Monroe Doctrine placed the United States on record to the 
effect that we would not interfere with existing colonies and de- 
pendencies of any European power, and that in return we should 
declare that any attempt on the part of foreign powers to extend 
their assistance to any portion of the western hemisphere would be 
considered dangerous to our peace and safety. The Monroe Doctrine 
has been reiterated many times since, and has in fact, become the 
dominant factor in our foreign policy. 

The United States has, however, participated willingly in many 
international conferences which had for their purpose the mitigation 
of the evils of warfare. The two Hague Conferences in 1899 and 1907 
are examples of this. In the meantime, the United States has more 
or less consistently followed a policy of territorial expansion. Perhaps 
the greatest steps in this direction were the acquisition of territory 
through the war with Mexico, the purchase of Alaska, and the 
Spanish-American War. 

Finally, the United States participated in the Great War and took 
a prominent part in its conclusion. Since the end of the War one 
of the great political issues has been the question of the extent of 
American participation in the League of Nations. The following 
quotations from prominent spokesmen on both sides of the issue give 
a fair idea of the differences in opinion: 

For Against 

"America alone cannot under- "I want a League of Nations, 

write civilization. All the great My idea of a League of Nations 

free people of the world must was that we should start building 

underwrite it, and only the free on the Hague conventions, which 

people of the world can join the did a great and good work. I 

league of Nations . . . The wish to see, as Mr. Root himself 

League is not only a union of desired above all things, a codifi- 

free peoples to guarantee civiliza- cation of the international law 

tion; it is something much more which has been torn to pieces 

than that. It is a League of and cast to the winds by Ger- 

Nations to advance civilization many. I wish to see the great 

by substituting something that future of an international court 

will make the improvement of with judges. Those are the 

civilization possible . . . purposes which the League 

"When I advocated the things should serve first. What have 

in this League of Nations, I had we got? We have got a docu- 



52 



THE LAW AND GOVERNMENT OF THE WORLD 



For 

the full and proud consciousness 
that I was only expressing the 
best thought and the best con- 
science of my beloved country- 
men. ^ 

"Your attention is constantly 
drawn to Article X and that is 
the Article, the heart of the cove- 
nant, which guarantees the politi- 
cal integrity not only of China 
but of other countries more 
helpless even than China, which 
makes it the right of the League 
to draw attention to anything 
anywhere that is likely to disturb 
the peace of the world or good 
understanding between nations 
upon which the peace of the 
world depends . . . The weak 
and oppressed and wronged peo- 
ples of the world have never 
before had a forum made for 
them to which they could sum- 
mon their enemies in the pres- 
ence of the judgment of man- 
kind."2 

"What does the League mean 
to us.. It is an agreement to act 
in common with those instru- 
mentalities which we already 
have — to act with our full con- 
stitutional agencies. We do not 
do anything, we do not levy a 
boycott, we do not fix arma- 
ments, except through our Con- 
gress. We shall continue to act 
in a constitutional way and 
exercise full constitutional func- 
tions ... Its main purpose is to 
avoid war and to render the 
eventuality of war as remote as 
possible. In approaching this 
argument I wish to admit my- 

1. Woodrow Wilson, Address, Tacoma, Wash- 
ington, Sept. 13, 1919. 

2. Woodrow Wilson, Address, Associated Wom- 
en's Clubs, San Francisco, Sept. 17, 1919. 



Against 

ment that never mentions the 
Hague conventions, that never 
says anything about interna- 
tional law, and the only court is 
pushed into one article. 

"Who decides the questions 
before this league.'' Men politi- 
cally appointed — every one of 
them. It is a political alliance 
and nothing more and nothing 
less. Every member of the 
council and in the assembly are 
political appointments, and they 
vote necessarily — I do not blame 
them — for expediency and in the 
interest of their own countries. 
But when we enter into a political 
alliance it is right that we should 
be careful. Remember that they 
all ... get great advantages in 
territory, in money, in commer- 
cial benefit. We have taken 
nothing and I am proud of it. 
We ask nobody to guarantee our 
boundaries. We have no terri- 
tory we want to seize. We have 
no commercial advantages we 
want to take. But as we ask 
nothing, surely we shall have a 
right to say what our burden 
shall be when we enter the 
league. "1 



1. Henry Cabot Lodge, Speech before Repub- 
lican Convention at Boston, Mass., Oct. S, 
1919, printed in Congressional Record, Oct. 
S, 1919, Vol. 58, Part 7, Page 6478 



THE LAW AND GOVERNMENT OF THE WORLD 53 

For Against 

self as an advocate. I believe 
the League is so essential to the 
progress of Christian civilization 
that I must look on some of the 
objections with passionate ob- 
jection and perhaps prejudice. "^ 

The League of Nations 

The League of Nations Covenant was drawn up in connection 
with the treaty of peace in 1919 (known as the Treaty of Versailles) 
which marked the conclusion of the Great War. Article I of this 
treaty was the League of Nations Covenant. The purpose of the 
League of Nations is to prevent war. Every nation belonging to the 
League is pledged to submit disputes to arbitration, and under no 
circumstances to go to war for a number of months after a disagree- 
ment arises. In the event of a nation violating this agreement, the 
other nations belonging to the League are required to boycott that 
nation. The famous Article X illustrates the scope of the League: 
"The members of the League undertake to respect and preserve as 
against external aggression the territorial integrity and existing 
political independence of all members of the League. In case of any 
such aggression or in case of any threat or danger of such aggression, 
the Council shall advise upon the means by which this obligation 
shall be fulfilled." 

The League is organized with two bodies of delegates, the Coun- 
cil and the Assembly. The Council is made up of nine members of 
whom five are to be the United States, France, England, Italy, and 
Japan, while the remaining four are chosen by the Assembly. The 
Assembly is made up of representatives from every nation which is a 
member of the League. The real executive authority of the League 
is in the Council which may act only by unanimous vote. A Court of 
International Justice is also organized to which disagreements between 
nations may be referred. 

The Rejection of the Treaty 

The treaty of Versailles presented to the Senate by President 
Wilson, precipitated one of the most stirring public controversies in 
our history. The Foreign Relations Committee reported the treaty 
to the Senate with a number of reservations which in the main sought 
to give to Congress, rather than the President, the power to decide 
in all cases calling for action under the treaty, and to make certain 
that the obligations indicated or implied in the treaty should not be 

\. Wm. H. Taft, Address, Cleveland Chamber of Commerce. 



54 THE L\W AND GOVERNMENT OF THE WORLD 

construed as a legal obligation, thus permitting the United States 
to make a decision after the League had decided upon action. 

After months of discussion, several attempts to secure the approval 
of the Senate for the treaty failed. It was rejected by the Senate on 
March 19th, 1920, and returned to the President. The following 
year the Senate and House of Representatives by joint resolution 
terminated war with Germany and Austria-Hungary. 

The Limitation of Armaments Conference 

In June, 1921, a resolution was passed by Congress in accordance 
with which the President called a conference to discuss the limitation 
of armaments. The conference met in Washington on November 11, 
1921, with delegations from Great Britain, France, Italy, Japan, 
China, Holland, Belgium, Portugal, and the United States. 

Four important agreements resulted from this conference: 

1. Resolutions curbing submarine warfare and prohibiting the use 
of poisonous gas were passed. 

2. The United States, Great Britain, and Japan agreed to greatly 
restrict their naval building programs, and to establish a ratio of 
naval strength of 5-5-3. 

3. An agreement was reached to respect China's territorial in- 
tegrity and to apply the principle of the "open door." 

4. The so-called "Four Power Treaty" was agreed upon by the 
United States, Great Britain, France, and Japan. This agreement 
provides that the contracting nations shall respect each other's 
rights and possessions in the Pacific, and in case of disputes, provision 
for conference is made. 

The Public Interest in Diplomacy 

Modern war is not fought by a few hired specialists. It is a burden 
which all of the people must carry. Hence, there must in the interest 
of justice be a wider diffusion of responsibility for the conduct of the 
affairs which make for war or peace. There must be more public 
interest in foreign affairs and more publicity in the conduct of diplo- 
matic relations. This new duty of the citizen is essential to the future 
of civilization. As one of our most profound students of international 
affairs, Elihu Root, former secretary of state, has recently stated: 

"When foreign affairs were ruled by autocracies or oligarchies the 
danger of war was in sinistef purpose. When foreign affairs are ruled 
by democracies the danger of war will be in mistaken beliefs. The 
world will be the gainer by the change, for, while there is no human 
way to prevent a king from having a bad heart, there is a human way 
to prevent a people from having an erroneous opinion. That way is 



THE LAW AND GOVERNMENT OF THE WORLD 55 

to furnish the whole people, as a part of their ordinary education, 
with correct information about their relations to other peoples, 
about the limitations upon their own rights, about their duties to 
respect the rights of others, about what has happened and is happen- 
ing in international affairs, and about the effects upon national life 
of the things that are done or refused as between nations; so that the 
people themselves will have the means to test misinformation and 
appeals to prejudice and passion based upon error. 

"This is a laborious and difficult undertaking. It must be begun 
early and continued long, with patience and persistence, but it is the 
very same process as that by which all the people of the great demo- 
cracies have learned within their own countries to respect law, and 
to follow wise and salutary customs in their communities and to 
consider the rights of others while they assert their own rights, and to 
maintain orderly self-government." 



SUGGESTIONS FOR THE USE OF STUDY GROUPS 

THE division of the subject matter is intended to suggest a system- 
atic course of study. The eight parts may be used as the basis 
for eight study discussion periods, or any one of the eight may be 
expanded into a separate course. For example, chapter three might 
be used in a very practical manner in a course of study of several 
lessons. The subject matter is susceptible to much expansion and 
added interest could be gained from local applications. On citizen- 
ship, a practical study of naturalization in the community could be 
made, on public opinion, the relative importance of various means 
of guiding the public mind, such as newspapers and civic associa- 
tions, could be considered, while the point of view of the political 
parties could be heard through representatives. Whether such an 
extensive subdivision is attempted or whether the entire course will 
be covered can only be determined by the circumstances of the 
individual case. 

There have been included features intended to make the course 
more useful to study groups. A series of questions have been pre- 
pared for each chapter intended as a guide to the examination of 
the text. There are also a number of questions for discussion, further 
study, and thought. These have been carefully devised to bring 
out facts and distinctions to which the brevity of the test did not 
permit reference. The importance of such inducements to further 
study and discussion cannot be overestimated. Government and 
politics is a science still in process of construction, and to a remark- 
able degree its understanding is increased by discussion of subjects 
which permit of wide differences of opinion. There is also included 
a brief dictionary of political terms most commonly used. 

Success in the conduct of a study group depends largely upon 
certain essentials: 

1. A leader, willing to read somewhat extensively from the best 
books suggested as supplementary to this outline, and to bring to 
the group collateral material based upon local government, laws, and 
conditions. 

2. A group small enough to insure real discussion. It will be found 
that the amount of individual participation decreases very rapidly 
as the class grows in numbers. To include as many as fifty practically 
makes impossible any intelligent and adequate discussion by the 
members of the group. 

3. A preliminary study of an assigned chapter in the outline should 
be made by the members of the group, preceding any discussion. 

4. The adaptation of each part of the outline to the laws, institu- 
tions, and peculiar problems of the local community. 



SUGGESTIONS FOR THE USE OF STUDY GROUPS 57 

We have sought to select the single book which a leader of a group 
might find most helpful in supplementing the course. After examin- 
ing the great number of texts on civics, government and politics, we 
have reached the conclusion that the most useful text to be used for 
supplementing all parts of the course is Magryder's "American 
Government in 1921."i It combines adequacy of treatment, skill 
in presentation, and brevity. It also has following each chapter a 
series of most admirable suggestions for study and discussion. The 
excellence of these lists has made it unnecessary for us to lengthen 
unduly our own list of topics for discussion. 

In addition to this text we strongly commend Haines and Haines, 
"Principles and Problems of Government," which presents its mater- 
ial in the form of discussion of various pressing problems in govern- 
ment and politics. To those who seek a more comprehensive text 
than Magruder, we suggest Kimball, "The National Government of 
The United States," and Beard, "American Government and Politics." 

The reader of this outline will find most helpful as a guide to 
further reading "The Brief Reading List on Government and Poli- 
tics."2 

The leader of a study group using this outline will find it desirable 
not only to have the above general texts at hand for constant use, 
but for each chapter a book or two devoted to the specific topic under 
discussion. The following are suggested for this sort of use: 

Chapter I — Free Government in The United States. 

Bryce, James — Modern Democracies (selected chapters). 
Weyl, Walter Edward — The New Democracy. 

Chapter II — Forms of Government. 

Kimball, Everett — The National Government of The United 

States, also 

State and Municipal Government in The United States. 
Munro, Wm. Bennett — The Government of The United States. 

Chapter III — The Public Control of Government. 

Bryce, James — The American Commonwealth. Vol. II, Part IV. 

Merriam, Chas. — The American Party System. 

Ray, P. Orman — An Introduction to Political Parties and Practical 
Politics. 
Chapter IV — Government in Terms of Service. 

Kimball, Everett — The National Government of The United 
States. 

Magruder, Frank A. — American Government in 1921. 

Young, James T. — The New American Government and Its Work. 

1. Published by Allyn and Bacon, Chicago, III. 

2. Published by the National League of Women Voters. 



58 SUGGESTIONS FOR THE USE OF STUDY GROUPS 

Chapter V— Law and The Courts. 

Haines, Charles Grove, and Haines, Bertha Moser — Principles and 
Problems of Government, 

Chapter VI — The Regulation of Business by Government. 

Young, James T. — The New American Government and Its Work. 
Chapter VII — Financing the Government. 

Ogg, Frederic A., and Ray, P. Orman — Introduction to American 

Government. Chapters XXVII, XL, and XLIX. 
Haines and Haines — Principles and Problems of Government. 
Part IV, Ch. 1. 

Chapter VIII — The Law and Government of the World. 

Duggan, Stephen Pierce Hayden — The League of Nations, the 
Principle and the Practice. 



Chapter I — Free Government in the United States 
Questions on the Text 

1. What institutions and offices in the United States are definitely 
traceable to English origins? 

2. What were the characteristic features of the Articles of Con- 
federation? What were the particular defects which the Convention 
of 1787 was called to remedy? 

3. Cite the sections of the Constitution of the United Stares which 
sought to remedy these defects. 

4. What is meant by the doctrine of the separation of the powers 
of government? Where did the idea originate? 

5. The statement is often made that the Government of the 
United States operates in spite of, rather than by reason of, the 
separation of the powers of government. What reason can you give 
for this point of view ? Do you agree with it ? 

6. Outline the usual requirements for voting in the early years of 
American history. Make a comparison with present qualifications. 

7. What is meant by "the democratic movement of the beginning 
of the twentieth century"? What does this movement embrace? 

Questions for Discussion 

1. What reason can you give for the statement that "the repre- 
sentative form of government is the only practicable form by which a 
large nation can enjoy popular government" ? Do you know of any 
place other than the New England town where "pure democracy" 
exists ? 

2. It has been said that the intitiative and referendum take power 
from the representatives and give it to the voters, and that they there- 
fore violate the principles of representative, or republican, govern- 
ment. Is this true, or are these devices means of more effectively 
controlling representatives? Apply the same test to the direct pri- 
mary in which the representative system is eliminated from party 
nominations. 

3. Do you think the movement to achieve democracy in the 
industrial world in the United States has progressed as far as has the 
movement to make political democracy a reality? What evidence 
can you give to support your views? 

Chapter II — Forms of Government 
Questions on the Text 

1. What is meant by a federal government as distinguished from (a) 
a centralized government? (b) a confederation? 

2. The Federal government is one of enumerated powers. Explain 
the meaning of this statement and what it implies. 



60 QUESTIONS AND DISCUSSION 

3. What article of the Constitution established the relationship 
existing between the Federal government, and the governments of 
the various states? 

4. Outline the powers, duties, and method of election, of the 
President, Senators, Representatives. (See Constitution of the 
United States.) 

5. What are the functions of the cabinet officers (1) individually, 
(2) collectively? 

6. The tendency to make state constitutions longer is said to exist 
because of popular distrust of state legislatures. Explain. 

7. What attempts have been made recently to reorganize the 
administrative departments of state government? How successful 
have these attempts been ? 

8. Explain the term "home-rule charter." In what other way may 
a city secure a charter? 

9. What are the prevailing types of city government in the United 
States today, and what are the characteristics of each? 

10. What other divisions of local government are there? 

11. What is meant by (a) the spoils system? (b) the merit system ? 
What is the composition, and what are the duties, of the Civil Service 
Commission? What is meant by the initiative, referendum, and 
recall ? 

Questions for Discussion 

1. What attempts has your state made to reorganize the adminis- 
trative departments? With what results? 

2. How many members are there in each house of your state 
legislature? How are they chosen? For how long a term? 

3. What does your state law say about the way in which cities 
may adopt charters? How did your city adopt its charter? 

4. What officers are elected in your county, and what function 
does each perform? 

5. What suggestions would you make for reform in your county 
government ? 

6. What provisions for the merit system does your city charter 
make? 

7. Does your state constitution provide for the initiative, referen- 
dum, and recall? If so, Took up the provisions. Point out the 
advantages and disadvantages of the intitiative, referendum, and 
recall. 

Problems 

1. Make a chart of your own state government. Make a chart 
showing how you would reorganize state administration. 



QUESTIONS AND DISCUSSION 61 

2. Make a chart of your city goverment (or village government) 
after the plan of the one in the text. 

3. Make a plan for a more efficient government for your county 
and township. 

Chapter III — The Public Control of Government 
Questions on the Text 

1. Who are citizens of the United States.? Where do you find the 
definition of American citizenship.? What two sources of citizenship 
are there ? 

2. Describe the process of naturalization, giving the steps which 
the applicant must take. Who may be naturalized? In what courts 
has congress vested the act of naturalization. 

3. What are the main provisions of the new law relating to the 
citizenship and naturalization of married women? 

4. What is meant by the term public opinion? What three classes 
of persons have to do with the making of public opinion? 

5. What are some of the most important organs of public opinion 
and what do you consider the relative importance of each? 

6. By what different methods may a candidate be nominated to 
office? Describe the procedure in each case. 

7. Distinguish between the open and the closed primary. 

8. Under the direction of what officers are elections usually con- 
ducted? How are they usually chosen? 

9. What is meant by the Australian method of voting? Describe 
the two kinds of ballots in use in the United States. 

10. What is meant by the "short ballot"? 

Questions for Discussion 

1. What court attends to the matter of naturalization in your 
community? What aid is given the foreigner who desires to become 
an American citizen? How many persons become naturalized an- 
nually? 

2. Suppose a state should pass a law extending the right to vote 
in local and state elections to unnaturalized foreigners. Would such 
an act be constitutional? 

3. Suppose the law provided that such persons might vote in 
national elections. Would this effect your answer? 

4. A native of Poland comes to the United States and marries an 
American woman. What is the citizenship of (a) his wife and their 
children before his naturalization? (b) after his naturalization? 
Would your answer have been the same before September 22, 1922? 



62 QUESTIONS AND DISCUSSION 

5. The two reasons most commonly advanced for the existence of 
two major parties in the United States are: the great size of the 
country, and the separation of the powers of government between the 
nation and the states. Explain. 

6. What are the provisions in your state for the formation of state, 
county, and local, party committees? 

7. What are the duties of a local ward leader in your community? 

8. Has your community a political boss? What relationship do 
you find between a lack of executive leadership in our government 
and the party boss? 

9. What nominating methods are provided for in your state law? 
If you have a primary law, what test of party affiliation is required? 
Is the convention system used at all, and if so under what circum- 
stances ? 

10. For what election officers does your state provide? How are 
they chosen? What changes would you suggest in the method of 
selecting them ? 

Problems 

1. Take a division of the class on some important national issue 
and have each tell in so far as possible how he came to hold that 
opinion. 

2. Visit a class for persons who are being naturalized. 

Chapter IV — Government in Terms of Service 
Questions on the Text 

1. What are the main duties of the Department of State? Why 
is the Secretary of State regarded as the most important cabinet 
officer? How does the consular service differ from the diplomatic 
service ? 

2. What are the principal services performed by the Treasury 
Department? What reasons can you give for making the Bureau 
of Public Health a division of the Treasury Department? 

3. What are the various activities of (1) the Department of the 
Interior, (2) the Department of Agriculture, (3) the Department of 
Commerce, (4) the Department of Labor? 

4. What are the most important miscellaneous bureaus of the 
Federal government, and what is the purpose of each ? 

5. Why are a larger number of services performed by the govern- 
ments of the various states than by the Federal government? What 
evidences can you cite of a recent tendency to increase the power 
and activities of the Federal government ? 



QUESTIONS AND DISCUSSION 63 

6. How would you classify the duties undertaken by the states? 
Which'ones are performed by your state? 

7. What attempts have there been to reorganize state adminis- 
trations, and how successful have these attempts been? 

8. What services are generally performed by the county? What 
ones are performed by your county? What ones are usually per- 
formed by the township? 

9. What two important reasons can you give for the marked 
increase in the services performed by the city? What services were 
formerly performed by the city? To what fields has the widened 
municipal activity extended? What recent attempts have been 
made to improve the services already performed? 

10. What classification could you make of the services performed 
by the city? How many of these services are performed by your 
city (or village) ? 

Questions for Discussion 

1. There has been considerable agitation in recent years for the 
addition of a Department of Education to the executive depart- 
ments already existing. Do you think there is a real need for such 
a department? What bureaus and divisions would you transfer to 
this department? What additional duties should the department 
have ? 

2. How have the executive departments been created ? Under what 
constitutional authority? 

3. How many administrative boards, commissions, and bureaus 
are there in your state? How many are constitutional offices? Can 
you see where any possible combining of these agencies might be 
effected? What would you say have been the most serious obstacles 
to state reorganization plans? 

4. What possible changes could be made to make the county more 
efficient in the administration of state laws? How many administra- 
tive agencies are there in your county? Would you suggest any 
fusion of offices ? 

5. Do you think we have gone (1) far enough, (2) too far, or (3) 
not far enough, in the extension of municipal services? Do you con- 
sider a quarantine law as a limit to personal liberty? Why, or why 
not? 

6. What other services would you deem it advisable for the city 
to perform ? What limits would you set to the sphere of governmental 
activity? What is the theory upon which the limits are determined? 

7. "The rise of manufacturing industry and large transportation 
enterprise has immensely increased the duties of all branches of our 



64 QUESTIONS AND DISCUSSION 

Government." What evidence can you give of this increase in the 
activities of government? 

8. Could township governments be eliminated entirely and if so 
how would their functions be cared for? 

Problem 

1. Make a list of the ways In which the city services effect your 
life in any one day. 

Chapter V — Law and the Courts 
Questions on the Text 

1. Distinguish between constitutional and statutory law. What 
is an ordinance? What is meant by common law? 

2. What is the order of precedence of laws in the United States? 

3. Give an example of (1) a civil case, (2) a criminal case, (3) a case 
in equity. 

4. What is the distinction between a felony and a misdemeanor? 

5. Outline the United States courts. Give an example of a case 
that might arise in your community over which the federal courts 
would have jurisdiction. 

6. Give the usual powers and duties of (1) the justice of the peace, 
(2) county courts, (3) municipal courts, (4) police courts, (5) probate 
courts. 

7. How is the grand jury selected and how does it differ from a 
petit jury? 

8. Why is there inequality before the law? What criticisms can 
be made of the jury sustem? 

Questions for Discussion 

1. Outline the judicial system of your own state and give the 
jurisdiction of each court. Outline the system for your city. 

2. Have you (1) a Juvenile Court, (2) a Domestic Relations Court, 
a Public Defender, in your community ? What reasons have prompted 
the establishing of Juvenile Courts ? What reasons can you give for 
creating the office of Public Defender? 

3. What are the provisions of the law in your state for selecting 
juries? How does this law operate? 

4. In the majority of states the common law rule making necessary 
the agreement of all the members of a trial jury in order to render a 
verdict still prevails. In recent years however, several states have 
modified the rules of jury trials in both civil and criminal cases. One 
fourth of the states now provide that a verdict may be brought in 
in a civil case by three-fourths, or some other fraction of the jury. 
A small number have extended the rule to most criminal cases. What 



QUESTIONS AND DISCUSSION 65 

do you think of these modifications? If you favor changing the 
unanimous consent provision, what modifications would you make 
in both civil and criminal trials? 

5. Do you think judges of the United States and state courts 
should be elected or appointed? Give reasons for your answers. If 
you believe they should be elected, how would you nominate them? 

6. Do you believe there should be special provisions made for 
small cases involving members of the poorer classes? 

7. Comment on Wm. H. Taft's statement that "the administra- 
tion of criminal law in this country is a disgrace." 

8. How is probation work being done in your city? 

Chapter VI — The Regulation of Business by Government 
Questions on the Text 

1. Why was the belief that free competition was the salvation of 
business adhered to at the time of the American Revolution? What 
evidence of this belief can you find in the Declaration of Indepen- 
dence? In the Constitution of the United States? 

2. What evidences can you give of the truth of Professor Hadley's 
statement that, "The whole American political and social system is 
based on industrial property rights"? 

3. What is meant by "laissez faire"? When, and why, did a reac- 
tion to this theory set in ? What form did this reaction take in Great 
Britain and in the United States? 

4. What is meant by the police power? Is it a Federal or a state 
power? 

5. How has the state supervision of corporations usually been 
exercised ? 

6. Upon what theory is legislation giving special protection to 
workers enacted ? In what particular ways have these laws attempted 
to protect labor? 

7. From what clause in the Constitution does the Federal govern- 
ment derive most of its power to regulate private business? What 
businesses have been regulated under this power, and in what ways? 

8. What regulatory laws have been held unconstitutional by the 
Supreme Court, and what were the reasons given for such action? 

9. What other powers of Congress have been used for enforcing 
police regulations, and in what way? 

Questions for Discussion 

1. Explain the following statement: "The police power is inherent 
in the states; Congress may exercise it generally, but only in those 
fields delegated to it for control." 



66 QUESTIONS AND DISCUSSION 

2. What is your view on the following points, and what reasons 
can you give to support it: 

(a) Could Congress pass an eight-hour law for all persons engaged 
In industry? Could it pass a workmen's compensation law? 

(b) Can a state pass such laws? 

(c) Could Congress pass (1) an eight-hour law, (2) a workmen's 
compensation law, for all persons engaged in interstate commerce? 

3. By an act passed in 1895, Congress prohibited the transfer of 
lottery tickets by means of interstate carriers. In 1899 this act came 
up for a test case in the Supreme Court, and was upheld. In deciding 
the case, the Court reasoned that the power to regulate commerce 
included the power to prohibit commerce. In 1916 an act was passed 
excluding from interstate commerce the products of child labor. 
This act was held to be unconstitutional on the ground that Congress 
had the power to control, not to destroy, commerce. Do you think 
these two views are in conflict or can they be reconciled ? 

4. Has the Supreme Court held that laws relating to the following 
subjects can be passed under the commerce power: 

(a) Intercourse — including transportation, purchase, sale, and 
exchange of commodities. 

(b) Telephone and wireless telegraph messages. 

(c) Hours of labor, and relations of employees to employers. 

(d) Bills of exchange. 

(e) Fire and marine insurance. 

(f) Manufacture. 

5. Under what powers of Congress were the following laws passed: 

(a) The Espionage Act of 1917, forbidding the transmission to 
enemies of information concerning national defense. 

(b) A law placing a tax of ten cents a pound on artificially colored 
oleomargarine. 

(c) An act placing a tax upon white phosphorus matches. 

6. Does your state aid labor: 

(a) by maintaing bureaus or departments to disseminate informa- 
tion ? 

(b) through labor laws that are well enforced? 

(c) by maintaing free employment bureaus? 

(d) by means of various forms of social insurance? If so, what 
kinds? 

7. What are the limits of the hours of labor for women in your 
state? Have you a workmen's compensation law in your state? a 
child labor law? If so, what are the provisions of each? 



QUESTIONS AND DISCUSSION 67 

8. "Upon the health and intelligence of women and children 
depends in a peculiar sense the future welfare of our country." This 
is the theory upon which labor legislation for women and children is 
passed. Can this theory be applied to men as well? 

9. What attempts, if any, have been made to limit the hours of 
labor for men ? 

Chapter VII — Financing the Government 

Questions on the Text 

1. What is the main cause of the tremendous increase in the cost of 
maintaining government? What was the percentage of increase for 
the decade 1903-1913? 

2. What are the main sources of revenue of the Federal govern- 
ment? Of state governments? Of local and municipal governments? 

3. What is meant by a customs duty? An excise tax? An excess 
profits tax? What is included under special property taxes? What is 
included under business taxes? 

4. Of the total expenditures for government in the United States, 
what percentages are for the Federal government? For the state 
governments? For local governments? 

5. What is the difference between the "funded" debt and the 
"floating" debt? Which is the more important? 

6. Under what authority has Congress imposed an income tax? 

7. Why have states passed laws attempting to limit the city's 
power to borrow? What are the causes for the increase in state and 
municipal indebtedness? 

8. What are (1) the sinking fund system and (2) the serial bond 
system? Which is the better? 

9. What is a budget? What are the principles of good budget 
making? What steps have been taken in the direction of good budget 
making by the Federal and state governments? Outline the Federal 
budget system established in 1921. 

10. How did Congress raise and appropriate money before the 
budget system was introduced? What objections were there to this 
method ? 

11. Outline the Federal Reserve Banking system. 
Questions for Discussion 

1. What division of its income does your state make on the basis 
of the classification of services performed? (See Chapter IV). 
Would you suggest any change in this division? Answer these ques- 
tions for your city. 

2. What would you say are the necessary qualities of a just tax? 
Why is a poll tax usually regarded as an unfair tax? 



68 QUESTIONS AND DISCUSSION 

3. Why was it necessary to pass the Sixteenth Amendment to the 
Constitution before a Federal income tax could be imposed ? 

4. What limits does your state law set on the borrowing power of 
cities ? 

5. What is the bonded indebtedness of your city or village? Is 
there an adequate provision for retiring the bonds? 

6. What does your city charter say about budget making? What 
attempts at budget reform have been made by your state? 

7. What provisions are there in your state for the collection of 
state and local taxes? Is any provision made for a board of equaliza- 
tion to handle the cases of persons who feel they have been unjustly 
taxed? If so, how is this board chosen, and what are its duties? 

Chapter VIII — The Law and the Government of the World 
Questions on the Text 

1. What is international law? When and by whom were the rules 
of international law first formulated? 

2. How does international law differ from other law? What effect 
has this difference had upon its development? 

3. What is the Monroe Doctrine? When was it first stated? 
What part has it played in American foreign policy? 

4. For what purposes were the two Hague Conventions called? 
To what extent did the United States participate? 

5. What evidence can you give that "the United States has more 
or less consistently followed a policy of territorial expansion"? 

6. What were the chief points of controversy in the League of 
Nations discussion? 

7. What is the main purpose of the League of Nations ? How does 
the League attempt to accomplish this purpose? 

8. State the provisions of Article X of the League Covenant. 

9. What are the legislative, executive, and judicial organs provided 
for by the League of Nations Covenant? 

10. What is the composition of the executive and legislative bodies 
of the League ? How are the members of each chosen ? 

Questions for Discussion 

1. What are some of the most important rules of international law? 
How did they become a part of international law? How are the rules 
of international law generally adopted ? 

2. Many persons have felt that the horrors which attended the 
past war meant a weakening, if not a complete destruction, of the 
principles of international law. On the other hand, some persons 
believe that "out of the horror and suffering of the great war there 



QUESTIONS AND DISCUSSION 69 

may have come such a disgust at what war brings that we may hope 
for the formulation of a code of international law for the promotion 
of peace and the prevention of hostilities." Which view do you hold 
and why? 

3. Do you think that on the whole the Monroe Doctrine has made 
for peace, or for ill will, between nations? What reasons can you give 
to support your views? 

4. Point out what you consider the strong and weak points of the 
League of Nations Covenant. What are your own arguments for or 
against the League of Nations? What is your view with respect to 
the United States refraining from becoming a member? 

5. If the United States remains out of the League permanently 
what effect do you think it will have upon (a) the future of the 
League, (b) the future of American foreign policy? 

6. Discuss the results of the Washington Disarmament Conference. 

7. What are your hopes for the future peace of the world? Upon 
what do you base your hopes? 



A DICTIONARY OF 100 AMERICAN POLITICAL, LEGAL, 
AND ECONOMIC TERMS IN FREQUENT USE 

Arbitration — A method of settling disputes (principally indus- 
trial and international) by submitting the points at issue to an 
umpire. Arbitration may be voluntary, when the two parties of 
their own free will submit the question to a third party, or com- 
pulsory, when the government compels such action, (See mediation.) 

Alien — A foreign born resident of a community in which he does 
not possess the privileges of a citizen. 

Amnesty — A general pardon, such as was granted by President 
Lincoln to all persons who took part in the southern rebellion. 

Anarchist — One who does not believe in organized government. 

Attainder, Bill of — A legislative act, inflicting punishment with- 
out a judicial trial. 

Australian Ballot — An official ballot prepared and printed 
at public expense, containing the names of the candidates, and 
permitting the voter to make his selection in private. The true 
Australian ballot contains the names of the candidates of all 
parties for an office in alphabetical order. 

Bicameral Legislature — A legislative body consisting of two 
houses. 

Big Stick — A slang term used to denote the power which a strong 
President wields over Congress. 

Bill — A proposed law introduced in either house of Congress or a 
state legislature. It becomes law after passing through the neces- 
sary steps in both houses of the legislature and after being signed 
by the executive. 

Bill of Rights — The first ten amendments to the Constitution 
of the United States, dealing with the prohibitions on Congress, 
and the rights reserved to the states, or to the people collectively. 

Borough — A term, used in Connecticut, New Jersey, and Pennsyl- 
vania, for what is more commonly called a town or village. In 
exceptional cases the term refers to the divisions of a city. 

Boss — The term commonly applied to the leader of a party machine 
who attempts to exercise control by secret methods and for private 
gain. 

Budget — A financial estimate of the government for a definite 
period of time, showing the amount of expenditures, the sources 
of revenue, and the balancing of revenues and expenditures. 

Cabinet — The heads of the ten executive departments of the 
Federal government, acting collectively as advisors to the President 
of the United States, are known as the Cabinet. 



DICTIONARY OF POLITICAL, LEGAL, AND ECONOMIC TERMS 71 

Caucus — A local mass meeting of party voters for the purpose of 
nominating candidates for town, ward, or precinct offices, local 
party committeemen, and delegates to county conventions. The 
term also applies to a meeting of the members of a legislative body 
belonging to a specific party. 

Charge D'Affaires — The person left in charge of a foreign 
embassy in the absence of the permanent diplomatic representative. 

Charter — The act of incorporation of a municipality, company, 
or institution. It is a "grant of powers from the state to a sub- 
ordinate public corporation." 

Checks and Balances, System of — The principle established in 
our Federal government, whereby each of the three branches 
of government (legislative, executive, and judicial) acts as a 
check upon the other. Thus, the President has a qualified 
veto over legislation, the Supreme Court decides whether or not 
acts of Congress are constitutional, and the Senate confirms 
presidential appointments and treaties. 

Civil Law — The law which governs the private rights of indi- 
viduals and all legal proceedings in connection with them. 

Classified Service — A term applied to the officers of the public 
service whose appointments are determined by competitive 
examinations under civil service laws. 

Closure — A method used in legislative bodies of putting an end 
to debate, and bringing a question to a prompt vote. In the 
United States Senate under a rule adopted in 1917, the time of 
closing debate upon a measure may be fixed in advance, and the 
length of time allotted to each speaker fixed at one hour, provided 
a two-thirds vote is obtained in favor of such action. 

Commission Government — A type of American city govern- 
ment, in which both the legislative and executive functions are 
concentrated in the hands of an elected commission, usually of 
from five to seven members. 

Conciliation — See mediation. 

Confederation — A loose league of States established for pur- 
poses of defense and co-operation. 

Constitution — In America, the "supreme law of the land," 
incapable of being altered by the ordinary method of legislation, 
and subject to change only through means of a definite procedure, 
for which provision is made in the document itself. 

Corrupt Practices Acts— Laws relating to the conduct of elec- 
tions which seek to prevent various frauds and criminal acts 
connected with political campaigns. 



72 DICTIONARY OF POLITICAL, LEGAL, AND ECONOMIC TERMS 

Criminal Law — The law which relates to acts committed against 
society. In a criminal case, the state is the plaintiff, or person who 
brings suit, some person charged with a public offense being 
the defendant, or the person against whom the suit is being brought. 

Common Law — A body of unwritten law which formed the 
original basis of the English legal system. It is largely based on 
custom and has developed from the practice of judges adhering to 
precedent in deciding legal cases. 

Dark Horse — A term applied to a relatively unknown person who 
is brought forward in a nominating convention, usually as a com- 
promise candidate. 

District System — A method of electing candidates to public 
offices by which the area to be represented is split up into small 
sections, each section usually electing one representative. This is 
to be distinguished from election "at large." 

Electoral College — The Constitution of the United States pro- 
vides that the President shall be chosen indirectly by electors 
from the states, each state being entitled to as many electors as it 
has senators and representatives in Congress. The electors chosen 
by the voters in each state meet to cast their ballots the second 
Monday in the January following a presidential election. This 
meeting of the electors in each state is called the electoral college. 

Eminent Domain — The right of a government to take private 
property for public use, paying the owner what is considered a just 
price for it. 

Employers' Liability — The practice in many states of providing 
that employees injured in the course of their employment may 
recover damages from the employer when it can be shown that 
the negligence of the employer was responsible for the accident. 

Enabling Act — An act which is customarily passed by Congress 
when a territory is seeking admission to statehood, granting to the 
people of the territory authority to hold a convention and frame a 
constitution. 

Enacting Clause — A statement which precedes all laws enacted 
by legislatures, showing authority for such enactment. The 

general form is, "Be it enacted by of the State of /'or 

"The people of the State of do enact as follows." 

Equity — A branch of law with a distinct set of rules and principles 
developed in England to supplement and give justice in cases not 
provided for by common law. In equity cases there is no jury and 
it is customary for the judge to decide both questions of law and of 
fact. Instead of having the witnesses appear in court the evidence 
is generally secured by a referee and reported to the judge in writing. 



DICTIONARY OF POLITICAL, LEGAL, AND ECONOMIC TERMS 73 

Executive Session — Secret sessions held by the United States 
Senate, usually for the purpose of considering treaties or confirming 
appointments made by the President. 

Ex Post Facto Law — A law that either (1) makes criminal an 
act which when done was not criminal, or (2) operates to the dis- 
advantage of a person accused of a crime committed before the 
passage of such law. 

Extradition — The act by which a nation or state delivers up 
an individual accused of crime, to the nation or state having juris- 
diction over the case. 

Federal State — A state composed of other states, bound together 
in a close union, which enforces its laws directly upon the people, 
and generally through its own officers. 

Felony — One of the two kinds of crimes (see misdemeanors). 
Felonies are crimes of a more serious nature, the exact definition 
varying from state to state. A crime that is punishable by death 
or imprisonment in the state penitentiary is generally regarded as 
a felony. 

Filibustering — The practice common in legislative bodies, and 
notably in the United States Senate, of blocking legislation by 
continuing debate until the measure is prevented from coming to a 
vote. The habit of "talking a bill to death" is a common method 
of killing legislation at the close of a session. 

Franchise — (a) The right of an individual to vote, (b) The 
privilege granted by a state or municipality to a public utility 
corporation (street lighting company, etc.) to use the streets or 
highways for the conduct of its business. 

Franking Privilege — A privilege granted to government officials, 
entitling them to send official business through the mail free of 
postage. 

General Ticket System — A method of electing candidates 
to office by which all of the candidates for a city council or legisla- 
tive body are elected at large. Boston and San Francisco, for 
example, elect all of their city councilmen on a general city ticket 
rather than by dividing the city into wards for election purposes. 

Gerrymander — The practice of laying out congressional or 
other districts in such a way that an advantage is given to the 
party in power. The object is to divide the districts in such a way 
that the party in power can control the greatest possible number 
of them. 

Grand Jury — A group of persons summoned to examine evidence 
against persons suspected of crime, and after secret deliberation, to 
determine whether or not the evidence is sufficient to warrant trial. 



74 DICTIONARY OF POLITICAL, LEGAL, AND ECONOMIC TERMS 

Habeas Corpus, Writ of — An order issued by a judge to any 
person detaining another, compelling the former to show legal 
justification for the detention. 

Home Rule Charter — Charter framed by a municipality or a 
county under the power granted in some states. 

Impeachment — A method of removing from office the execu- 
tive and judicial officers of the United States, or the executive 
and civil officers of the states, upon "conviction of treason, bribery, 
or other high crimes and misdemeanors." 

Implied Powers — The powers which may reasonably be implied 
from the powers expressly granted to Congress by the Constitu- 
tion. Thus, the power to charter a national bank is derived from 
the powers, "to lay and collect taxes," and "to borrow money." 

Indictment — Accusation of crime by a grand jury made after 
examination of evidence. 

Initiative — The power of the people through securing the signatures 
of a certain percentage of the voters, to have a proposed law 
submitted to all of the voters for acceptance or rejection. 

Injunction — An order issued by a judicial officer commanding 
an individual to do, or refrain from doing, some act. 

Joker — A clause of a bill having a concealed meaning which 
changes the avowed intent of the bill. 

Laissez Faire — A term which denotes the "let alone," or non- 
interference with industry policy, which governments commonly 
adopted in the 18th and early 19th centuries. 

Landslide — An overwhelming majority for a candidate, or the 
candidates of a particular party. 

Legal Tender — Money which the law requires a creditor to 
accept in payment of a debt. 

Libel — A false publication or statement damaging to a person's 
character, property, or business. 

Lobbying — The practice of using persuasive methods to influence 
the votes of legislators, the term being derived from the fact that 
persons who try to influence legislation (lobbyists) usually frequent 
the lobby of the legislative hall. 

Log-Rolling — A term (drawn from frontier life) which refers 
to the practice of members of Congress and state legislators work- 
ing together to secure appropriations. Thus, one legislator 
promises another "to vote for your bill, if you'll vote for mine." 

Machine — An organization of persons within a political party 
to control patronage. 



DICTIONARY OF POLITICAL, LEGAL, AND ECONOMIC TERMS 75 

Manager Plan — A type of city government used in an increasing 
number of American cities, in which the administrative func- 
tions are concentrated in the hands of one man. In a manager- 
governed city the council, or legislative body, which is elected by 
the voters, appoints the manager, while the manager usually 
appoints the other executive officers. 
Mandamus— An order issued by a court, demanding that an inferior 
court or officer of the government perform a duty required by law. 
Mayor-Council Plan— One of the three types of city govern- 
ment prevalent in America. Under the mayor plan, which is the 
oldest form of city government, both mayor and council are elected 
by the voters. The appointive power of the mayor varies. 
Mediation— Mediation or conciliation is the bringing together 
of employees and employers for the peaceful settlement of their 
differences by discussion and negotiation. 
Merit Systen— The system which bases appointment to office 
on the results of competitive examinations, the attempt being 
made to make the examinations tests of skill and ability. 
Misdemeanors— Crimes which are less serious in character 
than felonies. Small thefts, violations of local laws, etc., are 
classed as misdemeanors. 
Open Shop— A factory or shop which employs both union and 
non-union men, as distinguished from the closed shop which 
employs exclusively union men or non-union men. 
Ordinance— A local law enacted by the legislative body of a 

municipality. 
Paternalism— The principle or practice of a government which 
undertakes to supply the needs and regulate the conduct ot 
citizens to an unusual degree. It usually refers to such acts as 
the granting of pensions or other direct grants or chanties. 
Persona Non Grata— A diplomatic term, used of a representative 
who is for any reason objectionable to the ruler or state to 
which he is accredited. A person who is not objectionable is called 
a persona grata. 
Petit Jury — A group of persons summoned to court to hear the 
evidence on both sides of a case and to decide as to the facts, the 
judge deciding points of law. 
Plank— A statement of the stand taken by a party with respect 

to a certain issue. . 

Platform— A statement of principles for which a political party 

stands. , , 

Pocket Veto— Bills which are passed by Congress during the last 
ten days of the session and are not signed nor returned by the 



IG DICTIONARY OF POLITICAL, LEGAL, AND ECONOMIC TERMS 

President until after adjournment, do not become law and the 
President is said to have used the "pocket veto." 

Poll Tax — A head tax, or an annual levy of a small sum on indi- 
viduals. In some states this falls on all adults, in others on all 
male inhabitants, or all male citizens, and in still others on all 
electors. Finally, several states forbid the imposition of a poll 
tax. An alien poll tax is one levied against aliens only. 

Pork Barrel — A slang expression referring to the habit of mem- 
bers of Congress of trying to get as much money as possible 
out of the Treasury to be spent in the home district. Congress- 
men are thus said to have "dipped into the Federal pork barrel." 

Precinct — The smallest governmental subdivision for election 
purposes. 

Preferential Ballot — A ballot which permits the voter to indicate 
his first, second, third, etc., choices for candidates for an office 
with provision for counting second and other choices in case a 
majority is not received on first choices. 

Presentment — An accusation made by a grand jury against any 
person whom they of their own knowledge believe to have violated 
the criminal laws of the state within their own county. 

Primary, Direct — A preliminary election for the purpose of 
nominating candidates. All expenses are paid and arrangements 
made by the state. In the open primary no attempt is made to 
determine party allegiance; in the closed a test of party member- 
ship is required. 

Primary, Presidential Preference — A primary election held in 
a number of states, which gives to voters an opportunity to 
express a preference from among those candidates for the presi- 
dential nomination, who have complied with the state regulations 
for getting their names on the ballot. 

Proportional Representation — A system used in a few American 
cities by which each party or group in the community is repre- 
sented on the city council in proportion to its voting strength. 
The system of proportional representation may be applied to 
the election of any board or commission. 

Recall — The right of the voters in a number of states to remove an 
official from office by means of a petition signed by a certain per- 
centage of the voters to put the issue on the ballot, and a subsequent 
election, showing a majority in favor of his removal. 

Referendum — The right of the voters in some states to reject 
or accept an act passed by the legislature. By a petition signed 
by a certain percentage of voters, measures may be put on the 
ballot and accepted or rejected by the voters at the polls. 



DICTIONARY OF POLITICAL, LEGAL, AND ECONOMIC TERMS 11 

Rider — A section in a bill which has no relation to the remainder 
of the bill. Riders are usually attached to appropriation bills, 
this means being taken to pass objectionable legislation. 
Sabotage — The practice of destroying property, machinery and 
supplies, or turning out poor work in order to injure the em- 
ployer. This practice is sometimes resorted to in industrial warfare. 
Senatorial Courtesy — A custom which prevails in the United 
States Senate, whereby the senators will usually ratify, or refuse 
to ratify an appointment, according to the recommendation of 
the senior senator of the president's party from the state in which 
the position is located. 

Separation of Powers — The doctrine upon which the American 
government was established, which divided the branches of govern- 
ment into three "water-tight compartments" — the executive, the 
legislative, and the judicial. This careful separation of powers 
was devised to prevent any one department from usurping too 
much power. 

Short Ballot— The election of but few officials, giving these 
officials power to appoint others, and holding them responsible 
for such appointments. 

Single Tax — A system which places the entire burden of taxation 
upon the land. 

Slate — A list of candidates made up previous to nomination. 

Spoils System — Wholesale removals from offices in the Administra- 
tion for political reasons. Refilling the offices with persons of 
the same political faith as the Administration is also implied. 

Stand Pat— To continue to adhere to a political policy or issue 
previously adopted. The term usually refers to persons who refuse 
changes that are, or are intended to be, in the interests of progress. 

Statute— A law passed by Congress or by a state legislature. 

Suffrage — The right to vote. 

Tariff- A tax placed on foreign goods entering the country. 

Unicameral Legislature— A single house legislature or city coun- 
cil. To be distinguished from a bicameral legislature. 

Ward— A territorial division of a city, principally for representative 
purposes. 

Wire Pulling— A slang term, meaning the practice of using private 
influence or connections to gain political office or special privilege. 



CONSTITUTION OF THE UNITED STATES OF AMERICA 

PREAMBLE 

We, the people of the United States, in order to form a more perfect union, establish justice, insure 
domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing! 
of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of 
America. 

ARTICLE I— LEGISLATIVE DEPARTMENT 
Section 1 — Congress 
All legislative powers herein granted shall be vested in a Congress of the United States, which shall 
consist of a Senate and a House of Representatives. 

Section 2 — House of Representatives 

1. The House of Representatives shall be composed of members chosen every second year by the 
people of the several states, and the electors in each State shall have the qualifications requisite for electors 
of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained to the age of twenty-five years, 
and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the several States which may be 
included within this Union, according to their respective numbers, which shall be determined by adding 
to the whole number of free persons, including those bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, and within every subsequent term of 
ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one 
for every thirty thousand, but each State shall have at least one representative; and until such enumeration 
shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut five. New York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten. North Carolina five. South Carolina five, and Georgia 
three. 

4. When vacancies happen in the representation from any State, the Executive authority thereof 
fhall issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole 
power of impeachment. 

Section 3 — Senate 

1. (The Senate of the United States shall be composed of two Senators from each State, chosen by the 
Legislature thereof, for six years; and each Senator shall have one vote.) >. 

2. Immediately after they shall be assembled in consequence of the first election, they shall be divided 
as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the 
expiration of the second year, of the second class at the expiration of the fourth year, and of the third class 
at the expiration of the sixth year, so that one-third may be chosen every second year; (and if vacancies 
happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof 
may make temporary appointments until the next meeting of the Legislature, which shall then fill such 
vacancies.) ■. 

3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine 
years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, 
unless they be equally divided. 

5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the 
Vice-President, or when he shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. When the President of the United 
States is tried, the Chief-Justice shall preside: and no person shall be convicted without the concurrence of 
two-thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, trust, or profit under the United States: but the party 
convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according 
to law. 

Section 4 — Elections and Sessions 

1. The times, places, and manner of holding elections for Senators and Representatives shall be 
prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or 
alter such regulations, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, and such meeting shall be on the first 
Monday in December, unless they shall by law appoint a different day. 

Section 5 — Government and Rules 

1. Each House shall be the judge of the elections, returns, and qualifications of its own members, and 
a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attendance of absent members, in such manner, and under 
such penalties, as each House may provide. 

2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and from time to time publish the same, except- 
ing such parts as may in their judgment require secrecy; and the yeas and nays of the members of either 
House on any question shall, at the desire of one-fifth of those present, be entered on the journal. 

1. Superseded by the Seventeenth Amendment. 



CONSTITUTION OF THE UNITED STATES OF AMERICA 79 

4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in which the two Houses shall be sitting. 
Section 6 — Privileges and Restrictions 

1. The Senators and Representatives shall receive a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, 
and breach of the peace, be privileged from arrest during their attendance at the session of their respective 
Houses, and in going to and returning from the same; and for any speech or debate in either House they 
shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he was elected, be appointed to any 
civil office under the authority of the United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person holding any office under the United 
States shall be a member of either House during his continuance in office. 

Section 7 — Process of Law-making 

1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may 
propose or concur with amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives and the Senate shall, before it 
becomes a law, be presented to the President of the United States; if he approves he shall sign it, but if not 
he shall return it with his objections to that House in which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds 
of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, 
by which it shall likewise be reconsidered, and, if approved by two-thirds of that House, it shall become a 
law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered on the journal of each House respectively. 
If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representa- 
tives may be necessary (except on a question of adjournment) shall be presented to the President of the 
United States; and, before the same shall take effect, shall be approved by him, or, being disapproved by 
him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Section 8 — Powers Granted to Congress 

The Congress shall have power, — 

1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common 
defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the several States, and with the Indian 
tribes; 

4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies 
throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and 
measures; 

6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 

7. To establish post-offices and post-roads; 

8. To promote the progress of science and useful arts, by securing for limited times to authors and 
inventors an exclusive right to their respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the high seas, and offences against the 
law of nations; 

11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land 
and water; 

12. To raise and support armies, but no appropriation of money to that use shall be for a longer term 
than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land and naval forces; 

15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrection, and 
repel invasions; 

16. To provide for organizing, arming, and disciplining the militia, and for governing such part of 
them as may be employed in the service of the United States, reserving to the States respectively, the 
appointment of the officers, and the authority of training the militia according to the discipline prescribed 
by Congress; 

17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles 
square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the 
government of^the United States; and to exercise like authority over all places purchased by the consent 
of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings; — and 



80 



CONSTITUTION OF THE UNITED STATES OF AMERICA 



18. And to make all laws which shall be necessary and proper for carrying into execution the foregoing 
powers, and all other powers vested by this Constitution in the government of the United States, or in any 
department or officer thereof. 

Section 9 — Powers Denied to Congress 

1. The migration or importation of such persons as any of the States now existing shall think proper 
to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion 
or invasion the public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration 
herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or revenue to the ports of one State 
over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties 
in another. 

7. No money shall be drawn from the treasury, but in consequence of appropriations made by law; 
and a regular statement and account of the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States; and no person holding any ofGce of 
profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, prince, or foreign state. 

Section 10 — Powers Denied to the States 

1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; 
coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass 
any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of 
nobility. 

2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties 
and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United 
States; and all such laws shall be subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of 
war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. 

ARTICLE II— EXECUTIVE DEPARTMENT 
Section 1 — ^The President: Election and Qualifications 

1. The executive power shall be vested in a President of the United States of America. He shall hold 
his office during the term of four years, and, together with the Vice-President, chosen for the same term, 
be elected as follows: — 

2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors 
equal to the whole number of Senators and Representatives to which the State may be entitled in the 
Congress: but no Senator or Representative, or person holding office of trust or profit under the United 
States, shall be appointed an Elector. 

3. (The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one 
at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person having the greatest number of votes shall be 
the President, if such number be a majority of the whole number of Electors appointed; and if there be 
more than one who have such majority, and have an equal number of votes, then the House of Repre- 
sentatives shall immediately choose by ballot one of them for President; and if no person have a majority, 
then from the five highest on the list the said House shall in like manner choose the President. But in 
choosing the President, the votes shall be taken by States, the representation from each State having one 
vote' a quorum for this purpose shall consist of a member or members from two-thirds of the States, and 
a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, 
the person having the greatest number of votes of the Electors shall be the Vice-President. But if there 
should remain two or more who have equal votes, the Senate shall choose from them by. ballot the Vice- 
President.) '. 

4. Congress may determine the time of choosing the Electors, and the day on which they shall give 
their votes; which day shall be the same throughout the United States. 

5. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption 
of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within 
the United States. 

6. In case of the removal of the President from office, or of his death, resignation, or inability to 
discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the 

1. Superseded by the Twelfth Amendment. 



CONSTITUTION OF THE UNITED STATES OF AMERICA 81 

Congress may by law provide for the case of removal, death, resignation, or inability, both of the President 
and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly 
until the disability be removed, or a President shall be elected. 

7. The President shall, at stated times, receive for his services a compensation, which shall neither be 
increased nor diminished during the period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or any of them. 

8. Before he enter on the execution of his office, he shall take the following oath or affirmation: — "I do 
solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will 
to the best of my ability, preserve, protect, and defend the Constitution of the United States." 

Section 2 — Powers of the President 

1. The President shall be commander-in-chief of the army and navy of the United States, and of the 
militia of the several States, when called into the actual service of the United States; he may require the 
opinion, in writing of the principal officer in each of the executive departments, upon any subject relating 
to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences 
against the United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided 
two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent 
of the Senate, shall appoint ambassadors, other public ministers, and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by law vest the appointment of such 
inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of depart- 
ments. 

3. The President shall have power to fill up all vacancies that may happen during the recess of the 
Senate, by granting commissions which shall expire at the end of their next session. 

Section 3 — Duties of the President 

He shall from time to time give to the Congress information of the state of the Union, and recommend 
to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary 
occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive 
ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall 
commission all the officers of the United States. 

Section 4 — Removal of Officials 

The President, Vice-President, and all civil officers of the United States, shall be removed from office 
on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III— JUDICIAL DEPARTMENT 
Section 1 — Courts and Judges 

The judicial power of the United States shall be vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and 
inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their 
services a compensation, which shall not be diminished during their continuance in office. 

Section 2 — Jurisdiction and Methods 

1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the 
laws of the United States, and treaties made, or which shall be made, under their authority; to all cases 
affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime juris- 
diction; to controversies to which the United States shall be a party; to controversies between two or more 
States, between a State and citizens of another State, between citizens of different States, between citizens 
of the same State, claiming lands under grant of different States, and between a State, or the citizens 
thereof, and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State 
shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such excep- 
tions, and under such regulations, as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held 
in the State where the said crimes shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law have directed. 

Section 3 — Treason 

1. Treason against the United States shall consist only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of treason, but no attainder of treason 
shall work corruption of blood, or forfeiture, except during the life of the person attainted, 

ARTICLE rv— STATE RELATIONS 
Section 1 — Public Acts 

Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings 
of every other State. And the Congress may by general laws prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the effect thereof. 



82 CONSTITUTION OF THE UNITED STATES OF AMERICA 

Section 2 — Rights and Restrictions of Individuals 

1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several 
States. 

2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and 
be found in another State, shall, on demand of the executive authority of the State from which he fled, be 
delivered up to be removed to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under the laws thereof, escaping into another, 
shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such service or labor may be due. 

Section 3 — New States and National Possessions 

1. New States may be admitted by the Congress into this Union; but no new State shall be formed 
or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or 
more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as 
of the Congress. 

2. The Congress shall have power to dispose of and make all needful rules and regulations respecting 
the territory or other property belonging to the United States; and nothing in this Constitution shall be 
so construed as to prejudice any claims of the United States, or of any particular State. 

Section 4 — Protection of States 

The United States shall guarantee to every State in this Union a republican form of government, and 
shall protect each of them against invasion; and on application of the Legislature, or of the Executive 
(when the Legislature can not be convened), against domestic violence. 

ARTICLE V— AMENDMENT 

The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments 
to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall 
call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by 
conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by 
the Congress; provided that no amendment which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first 
articles; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI— AUTHORITY OF THE CONSTITUTION 

1. All debts contracted and engagements entered into, before the adoption of this Constitution shall 
be as valid against the United States under this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the members of the several State Legisla- 
tures, and all executive and judicial oflicers, both of the United States and of the several States, shall be 
bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a 
qualification to any office or public trust under the United States. 

ARTICLE VII— RATIFICATION 

The ratification of the conventions of nine States shall be sufficient for the establishment of this 
Constitution between the States so ratifying the same. 

Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, 
in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the 
United States of America the twelfth. 

In Witness whereof we have hereunto subscribed our names. 

GEO. WASHINGTON. 
Presidt. and Deputy from Virginia, 
{and thirty-eight other delegates.) 
ARTICLES 
in Addition to, and Amendment of the Constitution of the United 
States of America 

ARTICLE I— PERSONAL FREEDOM 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble 
and petition the government for a redress of grievances. 

ARTICLE II— KEEPING AND BEARING ARMS 

A well regulated militia being necessary to the security of a free state, the right of the people to keep 
and bear arms shall not be infringed. 

ARTICLE III— QUARTERING TROOPS 

No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by law. 



CONSTITUTION OF THE UNITED STATES OF AMERICA 83 

ARTICLE IV— SECURITY OF THE HOME 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported 
by oath or aiBrmation, and particularly describing the place to be searched, and the persons or things to 
be seized. 

ARTICLE V— SECURITY AGAINST THE GOVERNMENT 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in 
actual service in time of war or public danger; nor shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property 
be taken for public use without just compensation. 

ARTICLE VI— RIGHTS OF PERSONS ACCUSED OF CRIME 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an im- 
partial jury of the State and district wherein the crime shall have been committed, which district shall 
have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to 
be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defence. 

ARTICLE VII— JURY TRIAL IN CIVIL CASES 

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the 
United States, than according to the rules of the common law. 

ARTICLE VIII— BAIL AND PUNISHMENT 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments 
inflicted. 

ARTICLE IX— UNMENTIONED RIGHTS 

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others 
retained by the people. 

ARTICLE X— POWERS RESERVED TO THE STATES 

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the people. 

ARTICLE XI— SUITS AGAINST STATES 

The judicial power of the United States shall not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United States by citizens of another State, or by citizens or 
subjects of any foreign state. 

ARTICLE XII— ELECTION OF PRESIDENT AND VICE-PRESIDENT 

The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in 
their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; 
and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed 
to the seat of the government of the United States, directed to the President of the Senate; — the President 
of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, 
and the votes shall then be counted; — the person having the greatest number of votes for President shall 
be the President, if such number be a majority of the whole number of Electors appointed; and if no person 
have such majority, then from the persons having the highest numbers not exceeding three on the list 
of those voted for as President, the House of Representatives shall choose immediately, by ballot the 
President. But in choosing the President, the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds 
of the States, and a majority of all the States shall be necessary to a choice. And if the House of Repre- 
sentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such number be a majority of the whole number of Electors 
appointed, and if no person have a majority, then from the two highest numbers on the list the Senate shall 
choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally 
ineligible to the office of President shall be eligible to that of Vice-President of the United States. 

ARTICLE XIII— SLAVERY 
Section 1— Abolition 

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the part shall have 
been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 

Section 2 — Enforcement 

Congress shall have power to enforce this article by appropriate legislation. 

ARTICLE XIV— CIVIL AND POLITICAL RIGHTS OF CITIZENS 
Section 1— Citizens and Their Rights 

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein they reside. No State shall make or enforce any law which 



H4 CONSTITUTION OF THE UNITED STATES OF AMERtCA 

shall al.riflne the privileges or immunities of citizens of the United States; nor shall any State deprive any 
person i>f liJc, liberty, or property, without due process of law; nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Section 2 — Apportionment of Representatives 

Representatives shall be apportioned among the several States according to their respective numbers, 
counting the whole number of persons in each State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of Electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature 
thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis 
of representation therein shall be reduced in the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of age in such State. 

Section 3 — Loss of Political Privileges 

No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, 
or hold any office, civil or military, under the United States, or under any State, who, having previously 
taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State 
Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. 

Section 4— Public Debt 

The validity of the public debt of the United States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States, nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of 
any slave; but all such debts, obligations, and claims shall be held illegal and void. 

Section 5 — Enforcement 

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. 

ARTICLE XV— RIGHT OF SUFFRAGE 

Section I — Negro Suffrage 

The right of citizens of the United States to vote shall not be denied or abridged by the United State.s, 
or by any State, on account of race, color, or previous condition of servitude. 

Section 2 — Enforcement 

The Congress shall have power to enforce this article by appropriate legislation. ^ 

ARTICLE XVI— INCOME TAXES 

The Congress shall have power to lay and collect taxes on incomes from whatever source derived, 
without apportionment among the several States, and without regard to any census or enumeration. 

ARTICLE XVII— ELECTION OF SENATORS 

1. The Senate of the United States shall be composed of two Senators from each State, elected by the 
people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have 
the qualifications requisite for electors of the most numerous branch of the State legislatures. 

2. When vacancies happen in the representation of any State in the Senate, the executive authority 
of such State shall issue writs of election to fill such vacancies: Provided, that the Legislature of any 
State may empower the executive thereof to make temporary appointment until the people fill the vacancies 
liy election as the Legislature may direct. 

3. This amendment shall not be so construed as to affect the election or term of any Senator chosen 
before it becomes valid as part of the Constitution. 

ARTICLE XVIII— NATIONAL PROHIBITION 

Section 1. After one year from the ratification of this article, the manufacture, sale or transportation 
of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United 
States and all territory subject to the jurisdiction thereof, for beverage purposes is hereby prohibited. 

Sec. 2. The Congress and the several States shall have concurrent power to enforce this article by 
appropriate legislation. 

Sec. 3. This article shall be inoperative unless it shall have been ratified asan amendment to the 
Constitution by the legislatures of the several States, as provided in the Constitution, within seven year* 
from the date of the submission hereof to the States by the Congress. 

ARTICLE XIX— WOMAN SUFFRAGE 

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the 
United States or by any State on account of sex. 

Sec. 2. Congress shall have the power to enforce this article by appropriate legislation. 



mSLSr CONGRESS 




COPIES of this book, with fur- 
ther suggestion for its use can 
be obtained by writing to the office 

ot the 

Division of Training for 
Citizenship 

National League of Women Voters 

811 Superior Avenue, N. B. 

Cleveland, Ohio 



